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STOLT TANK CONTAINERS, INC. v. EVERGREEN MARINE CORP.

No. 696, Docket 91-7790.

962 F.2d 276 (1992)

STOLT TANK CONTAINERS, INC., Plaintiff-Appellant, v. EVERGREEN MARINE CORPORATION, Defendant-Appellee, Evergreen Marine Corporation (Taiwan), Ltd., Defendant-Third-Party-Plaintiff-Appellee, Monsanto International Sales Co., Inc., Third-Party-Defendant.

United States Court of Appeals, Second Circuit.

Decided May 8, 1992.

Attorney(s) appearing for the Case

Chester D. Hooper, New York City (A. Andrew Tsukamoto, Haight, Gardner, Poor & Havens, of counsel), for appellant.

Joseph DeMay, Jr., New York City (Paul M. Keane, Deborah R. Reid, Wei-Nuoo Lin, Cichanowicz Callan & Keane, of counsel), for appellee.

Before: OAKES, Chief Judge, MESKILL and PRATT, Circuit Judges.

MESKILL, Circuit Judge:

Plaintiff-appellant Stolt Tank Containers, Inc. (Stolt) appeals from an order of the United States District Court for the Southern District of New York, Patterson, J., granting partial summary judgment in favor of the defendants-appellees Evergreen Marine Corporation and Evergreen Marine (Taiwan) Corporation (collectively "Evergreen"). Stolt entrusted five of its containers to Monsanto International Sales Co., Inc. (Monsanto), which...

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