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EXEL TRANSP. SERVICES, INC. v. CSX LINES LLC

Civil Action No. H-02-60.

280 F.Supp.2d 617 (2003)

EXEL TRANSPORTATION SERVICES, INC., et al., Plaintiffs, v. CSX LINES LLC, et al., Defendants.

United States District Court, S.D. Texas.

August 7, 2003.

Attorney(s) appearing for the Case

John W. Havins, Houston, TX, for Plaintiff.

Frank A. Monago, Houston, TX, for Defendant.

Opinion on Summary Judgment

HUGHES, District Judge.

1. Introduction.

A shipper contracted with a freight forwarder to deliver several shipments of cargo to Hawaii. The shipper paid the forwarder, but the forwarder did not pay the carrier. The shipper asks for a declaration that it does not have to pay for the shipments again. The carrier counterclaims for the money owed it. The shipper falls under none of the legally-recognized exceptions...

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