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TUBACEX, INC. v. M/V RISAN

No. 94-20314 Summary Calendar.

45 F.3d 951 (1995)

TUBACEX, INC., Plaintiff-Appellant, v. M/V RISAN, her engines, boilers, tackles, etc., in rem and against Jugoslavenska Oceanska Plovidba, (Jugooceanija), and Forest Lines, Inc., in personam, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 23, 1995.

Attorney(s) appearing for the Case

William F. O'Rourke, Ann E. Knight, Kroll & Tract, Houston, TX, for appellant.

Kyle D. Giacco, Peter A. McLauchlan, Meyers Orlando & Evans, Houston, TX, for Forest Lines, Inc.

Before JOHNSON, DUHÉ and BENAVIDES, Circuit Judges.

JOHNSON, Circuit Judge:

Shipper brought action under COGSA1 to establish carrier's liability for damage to cargo. The district court granted summary judgment in favor of carrier, however, finding that the carrier had successfully made out a defense under 46 U.S.C. § 1304(2)(q) by showing that the damage was caused by the actions of the shipper's agents and without the fault or negligence of the carrier. Finding no error, we AFFIRM...

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