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AIR FRANCE v. OWENS

No. 88-1017. Summary Calendar.

845 F.2d 544 (1988)

AIR FRANCE, Plaintiff-Appellant, v. A. Warren OWENS, Individually and d/b/a Owens International Air, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 8, 1988.

Attorney(s) appearing for the Case

Bruce W. Akerly, Daniel C. Purdy, Berman, Mitchell, Yeager & Gerber, Dallas, Tex., for plaintiff-appellant.

Eugene Z. DuBose, Dallas, Tex., Carl R. Soller, Margaret Hardy Schter, Soller, Singer & Horn, New York City, for defendant-appellee.

Before RUBIN, HIGGINBOTHAM, and SMITH, Circuit Judges.

PER CURIAM:

An air carrier sued a freight forwarder for charges due for shipments made by a client of the freight forwarder. The freight forwarder had assumed responsibility for the payment of any monies due the carrier. The district court held the action barred by the Texas three-year statute of limitations applicable to suits by "a carrier of property ... for the recovery of charges." The carrier contends that, because the action arose under an agreement between...

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