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HIRAM WALKER & SONS, INC. v. KIRK LINE

No. 93-4346.

30 F.3d 1370 (1994)

HIRAM WALKER & SONS, INC., Plaintiff-Appellant, v. KIRK LINE, R.B. Kirkconnell & Bro. Ltd.; Jamaica Merchant Marine, Atlantic Line Ltd.; Eller & Company, Inc.; Indian River Transport, Inc.; and SS Morant Bay, its engines, boilers, etc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 1, 1994.

Attorney(s) appearing for the Case

John P. D'Ambrosio, Irvington, NY, for appellant.

Christian D. Keedy, Kelley Drye & Warren, Miami, FL, for appellees.

Before TJOFLAT, Chief Judge, DUBINA, Circuit Judge, and RONEY, Senior Circuit Judge.

RONEY, Senior Circuit Judge:

At issue in this case is whether Eller & Co., Inc., a stevedore and terminal operator, was in the process of delivering cargo on behalf of an ocean carrier, R.B. Kirkconnell & Bro. Ltd. (Kirk Line) when it negligently destroyed the cargo in a forklift accident. The district court, following remand, made certain factual findings and reinstated its earlier judgment, holding that delivery was ongoing at the time of the accident, and...

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