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INTEROCEAN S.S. CORP. v. NEW ORLEANS COLD STORAGE AND WAREHOUSE COMPANY, LTD.

No. 88-3017.

865 F.2d 699 (1989)

INTEROCEAN STEAMSHIP CORPORATION and Transport Intermediaries Mutual Insurance Association, Ltd., Plaintiffs-Appellees, v. NEW ORLEANS COLD STORAGE AND WAREHOUSE COMPANY, LTD., and NOCS International, Ltd., Defendants-Appellants, v. MELLON BANK INTERNATIONAL, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 17, 1989.

Attorney(s) appearing for the Case

Bruce A. North, Douglas A. Kewley, Lawrence J. Molony, Molony, North & Hanewinckel, Metairie, La., for defendants-appellants.

Andrew T. Martinez, Terriberty, Carroll & Yancey, New Orleans, La., for Interocean, et al.

Raymond J. Salassi, Jr., Anne Horton Breaux, New Orleans, La., for Mellon Bank.

Before CLARK, Chief Judge, and TIMBERS, and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The district court held a customhouse broker and warehouse responsible for misdelivering shipped beef without receiving negotiable bills of lading. Because the broker and warehouse had no duty to provide for proper delivery, we reverse that judgment.

I.

ABC Containerline N.V., owner of the M/V Ellen Hudig, issued two negotiable bills of lading to Wesfarmers Export, Ltd. for two containers of frozen boneless beef to...

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