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OTTO CANDIES, L.L.C. v. NIPPON KAIJI KYOKAI CORP.

No. 02-30842.

346 F.3d 530 (2003)

OTTO CANDIES, L.L.C., Plaintiff-Appellee, v. NIPPON KAIJI KYOKAI CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 28, 2003.

Attorney(s) appearing for the Case

Alfred J. Rufty, III (argued), Rufus C. Harris, III, Harris & Rufty, New Orleans, LA, for Plaintiff-Appellee.

Ralph E. Smith (argued), New Orleans, LA, for Defendant-Appellant.

Before JONES and BENAVIDES, Circuit Judges, and KAZEN, District Judge.

EDITH H. JONES, Circuit Judge:

Appellant Nippon Kaiji Kyokai Corporation ("NKK") appeals from the judgment in a negligent misrepresentation case based on statements NKK made in a classification survey of the M/V SPEEDER that was a prerequisite to the vessel's sale. We hold that general maritime law cautiously recognizes the tort of negligent misrepresentation as applied to classification societies and that on the specific facts presented in this case, NKK owed a legal...

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