ALPINE OCEAN SEISMIC SURVEY, INC. v. F.W. MYERS & CO., INC.

No. 93-2122.

23 F.3d 946 (1994)

ALPINE OCEAN SEISMIC SURVEY, INC., Plaintiff-Appellant, v. F.W. MYERS & COMPANY, INC., et al., Defendant, Federal Express Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 24, 1994.


Attorney(s) appearing for the Case

Robert J. Filteau and Lizbeth A. Tulloch, Filteau, Sullivan & Georgantas, Houston, TX, for appellant.

Dwayne S. Byrd, Memphis, TN, for appellee.

Before REAVLEY and JOLLY, Circuit Judges, PARKER, District Judge.


E. GRADY JOLLY, Circuit Judge:

The plaintiff contracted with an intermediary to have certain time-sensitive items shipped. The intermediary contracted with the defendant to ship the items. When the defendant did not deliver some of the items on time, the plaintiff sued the defendant for damages caused by the late delivery. Because we find that the defendant owed no duty to the plaintiff with whom it did not contract, we affirm...

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