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IMPERIAL CHEMICALS LTD. v. PKB SCANIA (USA)

No. 2004 CA 2742.

929 So.2d 84 (2006)

IMPERIAL CHEMICALS LIMITED v. PKB SCANIA (USA), INC. and Inchcape Testing, Inc.

Court of Appeal of Louisiana, First Circuit.

February 22, 2006.

Attorney(s) appearing for the Case

Kathleen Kay, Lake Charles, for Plaintiff-Appellee Imperial Chemicals Insurance Limited.

S. Daniel Meeks, Metairie, for Defendants-Appellants PKB Scania (USA), Inc. and Inchcape Testing, Inc.

Robert J. Barbier, New Orleans, for Defendant-Appellee Hagenaes Management.

Before: WHIPPLE, McCLENDON, and WELCH, JJ.

WELCH, J.

In this appeal, PKB Scania (USA), Inc. and Inchcape Testing Services, Inc., defendants, challenge a judgment against them for losses associated with a contaminated shipment of fertilizer. The trial court determined PKB Scania (USA), Inc. breached a contractual duty to Incitec Limited, the importer of the fertilizer, to ensure the cleanliness of the ship hold1 in which the fertilizer was transported. After a thorough review, we...

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