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TEXAS A&M RESEARCH FOUNDATION v. MAGNA TRANSPORTATION, INC.

No. 02-40264.

338 F.3d 394 (2003)

TEXAS A&M RESEARCH FOUNDATION, Plaintiff-Appellant-Cross-Appellee, v. MAGNA TRANSPORTATION, INC., Defendant-Third Party Plaintiff-Appellee-Cross-Appellant, v. Italia Line, Third Party Defendant-Appellee-Cross-Appellant, Navaho Shipping Agency, Inc., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 9, 2003.

Attorney(s) appearing for the Case

Thomas C. Fitzhugh, III (argued), Fitzhugh & Elliott, James Corbin Van Arsdale, Houston, TX, for Texas A&M Research Foundation.

Victor Raul Rodriguez (argued), Houston, TX, for Magna Transp., Inc.

William Andrew Durham (argued), Justin William Renshaw, Eastham, Watson, Dale & Forney, Houston, TX, for Italia Line.

Frank E. Billings, Billings & Solomon, Houston, TX, for Navaho Shipping Agency, Inc. [Pr]

Appeals from the United States District Court for the Southern District of Texas.

Before SMITH and BARKSDALE, Circuit Judges, and DUPLANTIER, District Judge.

JERRY E. SMITH, Circuit Judge:

Plaintiff Texas A&M Research Foundation ("TAMRF") sued defendant Magna Transportation, Inc. ("Magna"), for damages suffered from the late delivery of specialized ocean research equipment. Magna, in turn, sought indemnification from third-party defendants Italia di Navigazione, S.p.A ("Italia"), and Navaho Shipping Agency, Inc. ("Navaho"). The district court held Magna, Italia, and Navaho jointly and severally liable to TAMRF but...

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