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JAMES N. KIRBY, PTY LTD. v. NORFOLK SOUTHERN RY.

No. 01-13776.

300 F.3d 1300 (2002)

JAMES N. KIRBY, PTY LTD., d.b.a. Kirby Engineering, MMI General Insurance Limited, Plaintiffs-Appellants, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 8, 2002.

Attorney(s) appearing for the Case

Michael F. Sturley, University of Texas Law School, Austin, TX, J.S. Scott Busby, Atlanta, GA, Charles Robert Sharp, Bovis, Kyle & Burch, LLC, Atlanta, GA, David C. Frederick, McLean, VA, for Plaintiffs-Appellants.

Richard K.V. Hines, Atlanta, GA, for Defendant-Appellee.

Before EDMONDSON, Chief Judge, and CARNES and SILER, Circuit Judges.

CARNES, Circuit Judge:

This case, the facts of which began in Australia and ended in Alabama, is about Himalaya clauses, Clauses Paramount, COGSA, the package limitation defense, FBLs, FIATA, and the like. In short, it is a bill of lading case. The issue it presents us is whether a railroad's liability, if any, to a shipper for damage done to goods by the derailment of train is limited by the "Himalaya clause" in either of two bills of lading that were issued for...

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