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MANNESMAN DEMAG CORP. v. M/V CONCERT EXPRESS

No. 98-20877.

225 F.3d 587 (2000)

MANNESMAN DEMAG CORPORATION, Plaintiff-Appellant-Appellee, v. M/V CONCERT EXPRESS, etc., et al., Defendants. Atlantic Container Line, Inc., Defendant-Third Party Plaintiff-Appellee, v. Trism Specialized Carriers, Inc., Third Party Defendant-Appellee-Appellant.

United States Court of Appeals, Fifth Circuit.

September 8, 2000.

Attorney(s) appearing for the Case

Robert Glen Moll (argued), Hill, Rivkins & Hayden, Houston, TX, for Plaintiff-Appellant-Appellee.

Robert Joseph Ryniker (argued), Bell, Ryniker & Letourneau, Houston, TX, for Defendant-Third Party Plaintiff-Appellee.

Jeffrey J. Brookner, Stephen Gerrard Scholl (argued), Hirsch & Westheimer, Houston, TX, for Third Party Defendant-Appellee-Appellant.

Before SMITH and DENNIS, Circuit Judges, and HARMON, District Judge.

JERRY E. SMITH, Circuit Judge:

Mannesman Demag Corporation ("Mannesman") appeals the amount of a summary judgment award in its favor, and Trism Specialized Carriers, Inc. ("Trism"), appeals an adverse summary judgment in favor of Atlantic Container Line, Inc. ("Atlantic"). We reverse and remand.

I.

This case arises from damage sustained to an oxygen compressor and instrument rack owned by Mannesman, which were transported from Bremerhaven, Germany...

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