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OMARK INDUSTRIES, INC. v. ASSOCIATED CONTAINER, ETC.

Civ. No. 75-17.

420 F.Supp. 139 (1976)

The OMARK INDUSTRIES, INC., an Oregon Corporation, Plaintiff, v. ASSOCIATED CONTAINER TRANSPORTATION (AUSTRALIA), LTD., a corporation, et al., Defendants.

United States District Court, D. Oregon.

August 19, 1976.

Attorney(s) appearing for the Case

Paul N. Daigle, Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., for plaintiff.

Peter G. Voorhies, Wood, Wood, Tatum, Mosser & Brooke, Portland, Or., for defendants.

OPINION

BEEKS, District Judge:*

In this cargo damage action the Court is called upon to construe the package limitation provision1 of the Carriage of Goods By Sea Act2 ("COGSA") as applied to "palletized" cargo, that is, cargo arranged upon and secured to wooden pallet boards for ocean transport. The case has been submitted without trial upon stipulated facts and exhibits...

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