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CONTSHIP CONTAINERLINES, LTD. v. PPG INDUSTRIES, INC.

Docket No. 05-0267-CV.

442 F.3d 74 (2006)

CONTSHIP CONTAINERLINES, LTD., Plaintiff-Appellant, Conti Zweite Cristallo Schiffarhrts GMBH & Co. KG Ms Contship France, NSB Niederelbe Schiffahrtsges MBH & Co Kg, Sveriges Angfartygs Assurans Forening, also known as The Swedish Club, Stewart Arthur Holmes, as underwriter for and on behalf of Lloyds Syndicates 724 & 2724, Christine E. Danbridge, Independent Insurance Co., Ltd., Liverpool and London Steamship Protection and Indemnity Association Limited, Bergens Skibsassuranseforening and Deutsch Versicherungs-Und Ruckversicherungs A.G., Plaintiffs, v. PPG INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 21, 2006.

Attorney(s) appearing for the Case

John M. Woods (Joseph G. Grasso, on the brief), Thacher Proffitt & Wood LLP, New York, NY, for Plaintiff-Appellant Contship Containerlines.

Stanley McDermott III (Camilo Cardozo, on the brief), DLA Piper Rudnick Gray Cary U.S. LLP, New York, NY, for Defendant-Appellee PPG Industries, Inc.

Before: JACOBS, CABRANES, and SACK, Circuit Judges.

DENNIS JACOBS, Circuit Judge.

This dispute arises from a fire aboard the Contship France, a carrier operated by plaintiff-appellant Contship Containerlines, Ltd. ("Contship"). The fire was caused by the overheating of a cargo of calcium hypochloride ("Cal Hypo") shipped by defendant-appellee PPG Industries, Inc. ("PPG"). Contship concedes awareness (based on published specifications) that Cal Hypo could ignite at temperatures over 55°C; and PPG...

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