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SHINKO BOEKI CO., LTD. v. S.S. "PIONEER MOON"

No. 294, Docket 74-1853.

507 F.2d 342 (1974)

SHINKO BOEKI CO., LTD., Plaintiff-Appellant, v. S.S. "PIONEER MOON", her engines, boilers, etc., and United States Lines, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Argued November 15, 1974.

Decided November 29, 1974.

Attorney(s) appearing for the Case

Vincent L. Leibell, Jr., New York City, (Bigham, Englar, Jones & Houston, New York City, of counsel), for plaintiff-appellant.

Richard H. Sommer, New York City, (J. Scot Provan, and Kirlin, Campbell & Keating, New York City, of counsel), for defendant-appellee.

Before FRIENDLY, FEINBERG and GURFEIN, Circuit Judges.

FRIENDLY, Circuit Judge:

We are here required, for the first time in this circuit, to consider the application to the shipment of liquids of § 4(5) of the Carriage of Goods by Sea Act, 46 U.S.C. § 1304(5), which limits the amount of damages, in cases where the carrier is liable, to "$500 per package . . ., or in case of goods not shipped in packages, per customary freight unit," except when a higher value is declared...

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