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ROYAL SMIT TRANSFORMERS v. ONEGO SHIPPING

No. 17-30543.

898 F.3d 543 (2018)

ROYAL SMIT TRANSFORMERS BV; AXA Versicherung AG; HDI-Gerling Industrie Versicherung AG; Basler Sachversicherung AG; Ergo Versicherung AG, Plaintiffs-Appellants v. ONEGO SHIPPING & CHARTERING, BV; Illinois Central Railroad Company; Berard Transportation, Incorporated, in personam, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED August 2, 2018.

Attorney(s) appearing for the Case

Philip S. Brooks, Jr., Esq. , Ronald Joseph Kitto , Gordon, Arata, Montgomery, Barnett, McCollam, Duplantis & Eagan, L.L.C., New Orleans, LA, for Plaintiffs-Appellants.

John Herr Musser, V, Esq. , Tarryn Elizabeth Walsh , Murphy, Rogers, Sloss, Gambel & Tompkins, New Orleans, LA, for Defendant-Appellee Onego Shipping & Chartering, BV.

Bradley Russell Belsome , John B. Stanton , Bradley, Murchison, Kelly & Shea, L.L.C., New Orleans, LA, for Defendant-Appellee Illinois Central Railroad Company.

Francis Julian Barry, Jr. , Robert E. Kerrigan , Deutsch Kerrigan, L.L.P., New Orleans, LA, for Defendant-Appellee Berard Transportation, Incorporated, in personam.

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

Royal SMIT tried to ship a few of its transformers from the Netherlands to Louisiana. It contracted with an intermediary to arrange the transport. The transformers were damaged along the way, so Royal SMIT and its insurers tried to sue the carriers with whom the intermediary had contracted. But the district court...

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