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INTERNATIONAL NICKEL CO. v. TRAMMEL CROW DISTRIB.

No. 85-2855.

803 F.2d 150 (1986)

The INTERNATIONAL NICKEL CO., INC., Plaintiff-Appellant, v. TRAMMEL CROW DISTRIBUTION CORP., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 24, 1986.

Attorney(s) appearing for the Case

Thomas A. Croft, Porter & Clements, Mark K. Glasser, Gregory A. Bolzle, Houston, Tex., for plaintiff-appellant.

Douglas W. Lyons, Jr., M. David Frock, Houston, Tex., for defendant-appellee.

Before REAVLEY and POLITZ, Circuit Judges, and BELEW, District Judge.

REAVLEY, Circuit Judge:

This case involves the unexplained disappearance of a large amount of nickel from a warehouse. The International Nickel Company (INCO), owner of the nickel, obtained a summary judgment against the warehouse owner, Trammel Crow Distribution Corporation (Trammel Crow). However, Trammel Crow prevailed because the judgment gave effect to a limitation of liability clause in the warehouse contract, and INCO was awarded only a fraction of its actual...

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