NEPERA CHEMICAL, INC. v. SEA-LAND SERVICE

No. 81-2388.

794 F.2d 688 (1986)

NEPERA CHEMICAL, INC., Appellant v. SEA-LAND SERVICE, INC., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 1986.


Attorney(s) appearing for the Case

Martin Sterenbuch, with whom Hugh H. Lewis, Washington, D.C., was on brief, for appellant.

Edward M. Shea, with whom Francis W. Fraser, Washington, D.C., was on brief, for appellee Sea-Land Service, Inc.

C. Jonathan Benner, General Counsel, Federal Maritime Com'n, Clare R. Donelan, Atty., Federal Maritime Com'n, Stanley S. Harris, U.S. Atty. at the time the brief was filed, Lawrence Ledebur, Atty., Dept. of Justice, and John Oliver Birch, Asst. U.S. Atty., Washington, D.C., were on the brief for appellees Federal Maritime Com'n, et al. Gordon M. Shaw, Atty., Federal Maritime Com'n, Kenneth M. Raisler, Asst. U.S. Atty. at the time the brief was filed, Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., also entered appearances for appellees Federal Maritime Com'n, et al.

Before ROBINSON, Chief Judge, WALD, Circuit Judge, and LUMBARD, Senior Circuit Judge.


Opinion of the Court filed by Chief Judge ROBINSON.

SPOTTSWOOD W. ROBINSON, III, Chief Judge:

This appeal challenges a summary judgment dismissing an action by Nepera Chemical, Inc., which asserts negligence on the part of Sea-Land Service, Inc. Nepera urges reversal on several grounds, some of which we deem meritorious. So, while we affirm in part, we also reverse in part and remand for further proceedings.

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