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COLGATE PALMOLIVE CO. v. S/S DART CANADA

No. 24, Docket 83-7261.

724 F.2d 313 (1983)

COLGATE PALMOLIVE COMPANY, Plaintiff-Appellant, v. S/S DART CANADA, her engines, boilers, tackle, etc., Dart Containerline Ltd., Global Terminal & Container Services, Inc., Lansdell Protective Agency, Inc., Defendants, Global Terminal & Container Services, Inc., Defendant-Appellee. LANSDELL PROTECTIVE AGENCY, INC., Defendant-Third-Party-Plaintiff, v. AETNA CASUALTY & SURETY CO., Third-Party Defendant.

United States Court of Appeals, Second Circuit.

Decided December 14, 1983.

Attorney(s) appearing for the Case

Harold M. Kingsley, New York City, for plaintiff-appellant.

Charles G. Herbermann, Jr., New York City (McDonald & Herbermann, New York City, of counsel) for defendant-appellee.

Before LUMBARD, OAKES and VAN GRAAFEILAND, Circuit Judges.

LUMBARD, Circuit Judge:

Plaintiff Colgate Palmolive Company ("Colgate") sued to recover the full value of lost oil drums scheduled to be shipped to France. It now appeals from a judgment of the Southern District of New York denying Colgate's motion for summary judgment and granting defendant Global Terminal and Container Services, Inc.'s cross-motion to limit its liability to $500 per missing package, pursuant to the Carriage of Goods by Sea Act (COGSA), 46 U.S.C...

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