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FORTIS CORPORATE INS. v. VIKEN SHIP MANAGEMENT

Nos. 08-4478, 08-4479.

597 F.3d 784 (2010)

FORTIS CORPORATE INSURANCE, SA, Plaintiff-Appellee/Cross-Appellant, v. VIKEN SHIP MANAGEMENT AS, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 10, 2010.

Attorney(s) appearing for the Case

ARGUED: Irene C. Keyse-Walker, Tucker Ellis & West LLP, Cleveland, Ohio, for Appellant. David T. Maloof, Maloof & Browne & Eagan LLC, Rye, New York, for Appellee. ON BRIEF: Irene C. Keyse-Walker, Susan M. Audey, Henry E. Billingsley, II, Tucker Ellis & West LLP, Cleveland, Ohio, for Appellant. David T. Maloof, Maloof & Browne & Eagan LLC, Rye, New York, for Appellee.

Before: O'CONNOR, Associate Justice (Ret.); MOORE and COOK, Circuit Judges.

OPINION

SANDRA DAY O'CONNOR, Associate Justice (Retired).

This is a maritime shipping case involving a claim for rust damage to steel coils caused by exposure to seawater during a journey from Szczecin, Poland to Toledo, Ohio. The central issue in this appeal is whether a ship manager charged with providing a Master, officers and crew, and performing various other ship-management tasks for the shipping vessel qualifies as a "carrier" under the Carriage of...

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