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MAN ROLAND, INC. v. KREITZ MOTOR EXP., INC.

No. 04-20982.

438 F.3d 476 (2006)

MAN ROLAND, INC., Plaintiff-Appellant, v. KREITZ MOTOR EXPRESS, INC., et al., Defendants, ASCO USA, LLC, doing business as ASCO Freight Management, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 26, 2006.

Attorney(s) appearing for the Case

John Hatchett McFarland (argued), Winstead, Sechrest & Minick, Houston, TX, for Plaintiff-Appellant.

Michael W. Magee, Shannon Robbie Ramirez (argued), Lisa Causey Mayr, Hays, McConn, Rice & Pickering, Houston, TX, for Defendants.

Before REAVLEY, HIGGINBOTHAM and GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Plaintiff-Shipper MAN Roland Inc. ("MAN") appeals from the district court's grant of summary judgment in favor of Defendant-Carrier ASCO USA, L.L.C. ("ASCO"), holding ASCO not liable for weather-related damage to a printing press during shipment.

I

MAN, a distributor of commercial printing presses, contracted for the sale of a printing press to Texas Tech University ("Texas Tech") in Lubbock, Texas. MAN retained Kreitz...

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