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CATERPILLAR OVERSEAS, S.A. v. MARINE TRANSPORT INC.

Nos. 88-3114, 88-3119 and 88-3122.

900 F.2d 714 (1990)

CATERPILLAR OVERSEAS, S.A., Plaintiff-Appellee, v. MARINE TRANSPORT INC., Defendant-Appellant, Farrell Lines, Inc.; Virginia International Terminals, Inc., Defendants-Appellees. CATERPILLAR OVERSEAS, S.A., Plaintiff-Appellant, v. FARRELL LINES, INC.; Virginia International Terminals, Inc.; Marine Transport Inc., Defendants-Appellees. CATERPILLAR OVERSEAS, S.A., Plaintiff, v. FARRELL LINES, INC., Defendant-Appellant, Marine Transport Inc., Defendant-Appellee, and Virginia International Terminals, Inc., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1990.

Attorney(s) appearing for the Case

William Brinkley Eley, Willcox & Savage, P.C., Norfolk, Va., for defendant-appellant.

Carter Branham Furr, Jett, Berkley, Furr & Bouffard, Philip Norton Davey, Hunton & Williams, Charles Faulkner Tucker, Sr., Vandeventer, Black, Meredith & Martin, Norfolk, Va., for plaintiff-appellee.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The shipper in this case has sued to recover damages to cargo delivered by it to a sea carrier for transportation to a foreign port. The cargo was damaged while being transferred overland by a trucker employed by the carrier from the port of delivery to another port in the same vicinity. The defendants were the port terminal, which owned and operated the ports to which the cargo was first delivered as well as the other port to which...

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