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UNITED STATES v. LYKES BROS. STEAMSHIP CO., INC.

No. 72-1633.

511 F.2d 218 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. LYKES BROS. STEAMSHIP CO., INC., in personam, and SS MARJORIE LYKES, her engines, tackle, etc., in rem, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 9, 1975.

Attorney(s) appearing for the Case

Anthony J. P. Farris, U. S. Atty., B. Stephen Rice, James Gough, Asst. U. S. Attys., Houston, Tex., Anthony W. Gross, Dept. of Justice, Admiralty & Shipping Section, Walter H. Fleischer, Ronald R. Glancz, Morton Hollander, Appellate Sec., Civ. Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Kenneth D. Kuykendall, George W. Renaudin, Houston, Tex., for defendants-appellees.

Before BROWN, Chief Judge, and WISDOM and AINSWORTH, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This appeal presents the troublesome and recurring and sometimes confusing problem of properly allocating the burden of proof between Shipper and Carrier in a suit for damages to perishable cargo. The United States (Shipper) brought suit to recover for damage to a shipment of whole wheat flour transported by Lykes (Carrier) from Houston, Texas, to Gdynia, Poland.1 Upon...

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