MATTER OF INTERCONTINENTAL PROPERTIES MANAGEMENT

Nos. 77-2406, 77-2407.

604 F.2d 254 (1979)

In the Matter of INTERCONTINENTAL PROPERTIES MANAGEMENT, S. A., as owner of the MOTOR VESSEL MIMI, for exoneration from or limitation of liability. INTERNATIONAL MINERALS AND CHEMICALS CORP., Strolee of California, Rota Agro, S. A., World Wide Air Marine Freight Forwarders, Inc., Roper Sales Corporation; Hasman & Baxt, Inc., Jesus Alberto Roman Pernia, Venequelan Supply, S. A., Rony Export Co. Inc., Sun Insurance Company of New York Inc., Calvert Fire Insurance Company, Amerven, Inc., Northwestern National Insurance Company, Industrias Electronicas Sharp De Venezuela, Avelax, C. A., Pronto Overseas, Inc., Central Madeirense, C. A., Anchor Hocking Corp., C. A., V. Sequros Caracas, 3M Venezuela, C. A., Appellants, v. INTERCONTINENTAL PROPERTIES MANAGEMENT, S. A., Appellee. In the Matter of INTERCONTINENTAL PROPERTIES MANAGEMENT, S. A., as owner of the MOTOR VESSEL MIMI, for exoneration from or limitation of liability. INTERNATIONAL MINERALS AND CHEMICALS CORP. et al., Claimants, v. INTERCONTINENTAL PROPERTIES MANAGEMENT, S. A., Appellant, All-Caribbean Inc. and High Watch Shipping Company, Limited, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 9, 1979.


Attorney(s) appearing for the Case

George F. Chandler, III, New York City (Bigham, Englar, Jones & Houston, New York City, on brief), Guilford D. Ware, Norfolk, Va. (Timothy A. Coyle, Norfolk, Va. (Crenshaw, Ware & Johnson, Norfolk, Va., on brief), for appellants in 77-2406.

Carter B. S. Furr, Norfolk, Va. (Waverly L. Berkley, III, Jett Berkley, Furr & Price, Norfolk, Va., on brief), for appellee in 77-2406 and for appellant in 77-2407.

Before BUTZNER, WIDENER and PHILLIPS, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

This appeal presents the question whether a shipowner is liable to cargo owners for cargo loss caused by the deliberate scuttling of the ship by a member of the ship's crew. The district court concluded that because the shipowner had shown itself independently free of fault in respect of the crew member's act, it was entitled to exoneration from liability under applicable provisions of the Carriage of Goods by Sea Act of 1936...

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