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PRIMA U.S. INC. v. PANALPINA, INC.

No. 99-9025.

223 F.3d 126 (2000)

PRIMA U.S. INC., Plaintiff, M/V Addiriyah, Her Engines, Boilers, etc., Defendant, United Arab Shipping Company, Defendant-Third-Party-Plaintiff, Westinghouse Electric Corp., Third-Party-Defendant-Fourth-Party-Plaintiff-Appellee, v. PANALPINA, INC., Fourth-Party-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 24, 2000

Attorney(s) appearing for the Case

James DeMorscia, Sonageri & Fallan, Garden City, N.Y. (James L. Sonageri, of counsel), for Third-Party-Defendant-Fourth-Party-Plaintiff-Appellee.

Andrew R. Spector, Hyman & Kaplan, P.A., Miami, FL (Nicholas E. Pantelopoulos, Biedermann, Hoenig, Massamillo & Ruff, P.C., New York, NY, of counsel), for Fourth-Party-Defendant-Appellant.

Before: McLAUGHLIN and CALABRESI, Circuit Judges, and MUKASEY, District Judge.

BACKGROUND

McLAUGHLIN, Circuit Judge:

The Westinghouse Electric Corporation ("Westinghouse") contracted in writing with Panalpina, Inc. ("Panalpina"), a "freight forwarder," for the transportation and shipment of an electric transformer from the manufacturer (in Italy) to the ultimate consignee, the 3M Corporation (in Iowa). Panalpina, as freight forwarder, was to oversee all of the transportation for the transformer, both on land and over sea. Aware of...

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