SOMMER CORPORATION v. PANAMA CANAL COMPANY

No. 71-3379.

475 F.2d 292 (1973)

SOMMER CORPORATION, Plaintiff-Appellee Cross-Appellant, v. PANAMA CANAL COMPANY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

March 5, 1973.


Attorney(s) appearing for the Case

Dwight A. McKabney, John A. Cooper, John L. Haines, Jr., Earl R. McMillin, Office of the Gen. Counsel, Balboa Heights, Canal Zone, for appellant.

Henry L. Newell, Balboa, Canal Zone, for appellee.

Before JOHN R. BROWN, Chief Judge, and GODBOLD and SIMPSON, Circuit Judges.


JOHN R. BROWN, Chief Judge:

What this case presents is whether the failure of a nominal shipper to pay an additional $6.88 for Trans-Isthmian handling charges on equipment directly destined to a Panama Canal Company construction contract limits Canal Company's liability for cargo damage to less than the full stipulated loss of $9,610.85. For reasons peculiar to the relationship involved we answer in the negative and affirm with modification.

Sommer Corporation...

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