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EVERGREEN INTERN. (USA) CORP. v. STANDARD WAREHOUSE

No. 93-1990.

33 F.3d 420 (1994)

EVERGREEN INTERNATIONAL (USA) CORPORATION, Plaintiff-Appellant, v. STANDARD WAREHOUSE, a Corporation; Standard Corporation, a Corporation; Albright & Wilson Americas, a Corporation, Defendants-Appellees, and Metropolitan Stevedore Company, a Corporation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 1, 1994.

Attorney(s) appearing for the Case

ARGUED: Benjamin Allston Moore, Jr., Buist, Moore, Smythe & McGee, P.A., Charleston, SC, for appellant. Andrew Steven Halio, Halio & Halio, Charleston, SC, for appellees Standard Corp. and Standard Warehouse; William Jefferson Leath, Jr., Young, Clement, Rivers & Tisdale, Charleston, SC, for appellee Albright & Wilson Americas. ON BRIEF: Douglas M. Muller, Buist, Moore, Smythe & McGee, P.A., Charleston, SC, for appellant. Stephen P. Groves, Young, Clement, Rivers & Tisdale, Charleston, SC; David Scott Porter, Fisher & Porter, Long Beach, CA, for appellee Albright & Wilson Americas.

Before ERVIN, Chief Judge, NIEMEYER, Circuit Judge, and HARVEY, Senior United States District Judge for the District of Maryland, sitting by designation.

Dismissed by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge NIEMEYER and Senior Judge ALEXANDER HARVEY, II joined.

OPINION

ERVIN, Chief Judge:

Evergreen International (Evergreen) brought suit in the United States District Court in Charleston, South Carolina, against Albright & Wilson Americas, Standard Warehouse, Standard Corporation, and Metropolitan Stevedore Co. to recover costs incurred as a result of a chemical leak...

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