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ILIGAN INTEG. STEEL MILLS, INC. v. SS JOHN WEYERHAEUSER

Nos. 196, 492, 493, Dockets 74-1553, 74-1574, 74-1677.

507 F.2d 68 (1974)

ILIGAN INTEGRATED STEEL MILLS, INC., et al., Plaintiffs-Appellants, v. SS JOHN WEYERHAEUSER, her engines, boilers, etc., et al., Defendants-Appellees-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 3, 1974.

Attorney(s) appearing for the Case

David L. Maloof, New York City (Donovan, Donovan, Maloof & Walsh, New York City, of counsel), for plaintiffs-appellants.

William Warner, New York City (Symmers, Fish & Warner, New York City, of counsel), for defendant-appellee-appellant Weyerhaeuser Co.

M. E. Deorchis, New York City (LeRoy S. Corsa, Brian D. Starer, and Haight, Gardner, Poor & Havens, New York City, of counsel), for defendant-appellee-appellant New York Navigation Co., Inc.

Before FRIENDLY, FEINBERG and GURFEIN, Circuit Judges.

FRIENDLY, Circuit Judge:

In this action for cargo damage in the District Court for the Southern District of New York, cargo appeals from that part of the judgment which limited its claim against the ship, its owner, and the time charterer to $500 per package pursuant to § 4(5) of the Carriage of Goods by Sea Act, 46 U.S.C. § 1304(5), perhaps only some $94,000, as against approximately $2,200,000 which represents the full amount of damage to cargo. The ship...

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