No. 82-5876.

709 F.2d 663 (1983)

NAVIERA NEPTUNO S.A., Plaintiff-Appellant, v. ALL INTERNATIONAL FREIGHT FORWARDERS, INC., a/k/a All International Cargo; Pexi, Inc.; Carlos Mosquera; Luke Bolton Ford, Inc., Defendants, Pexi, Inc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied September 1, 1983.

Attorney(s) appearing for the Case

Richard F. Ralph, Miami, Fla., for plaintiff-appellant.

Paul, Landy, Beiley, Harper & Metsch, Lawrence R. Metsch, Lydia A. Fernandez, Miami, Fla., for Pexi, Inc.

Before RONEY and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 1, 1983.

KRAVITCH, Circuit Judge:

In this action to collect ocean carrier freight charges we are urged to decide that the freight forwarder was, as a matter of law, the agent of the shipper, thereby making the shipper responsible for the freight forwarder's failure to pay freight charges to the carrier. Alternatively, we are asked to find that material facts as to the agency relationship were in dispute rendering...

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