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AMERICAN ROLL-ON ROLL-OFF CARRIER v. P & O PORTS BALTIMORE

No. 06-1058.

479 F.3d 288 (2007)

AMERICAN ROLL-ON ROLL-OFF CARRIER, LLC; American Auto Logistics, Incorporated; Wallenius Wilhelmsen Lines Americas, LLC, Plaintiffs-Appellants, v. P & O PORTS BALTIMORE, INCORPORATED, Defendant-Appellee, and I.T.O. Corporation of Baltimore, a wholly owned subsidiary of P & O Ports North America Inc., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: February 26, 2007.

Attorney(s) appearing for the Case

ARGUED: Chester D. Hooper, Holland & Knight, L.L.P., New York, New York, for Appellants. JoAnne Zawitoski, Semmes, Bowen & Semmes, Baltimore, Maryland, for Appellee. ON BRIEF: James H. Power, Holland & Knight, L.L.P., New York, New York, for Appellants. Alexander M. Giles, Semmes, Bowen & Semmes, Baltimore, Maryland, for Appellee.

Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.

Reversed and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge NIEMEYER and Judge MOTZ joined.

OPINION

TRAXLER, Circuit Judge:

American Roll-On Roll-Off Carrier ("ARC") filed suit against P & O Ports Baltimore, Inc. ("P & O"), a stevedoring company, after a piece of equipment loaded on an ARC-operated ship broke free of its lashings and damaged the ship and other cargo.1 ARC's complaint...

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