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KOPPERS CO., INC. v. S/S DEFIANCE

No. 82-1714.

704 F.2d 1309 (1983)

KOPPERS COMPANY, INC.; Paul Wurth, S.A. and Republic Steel Corporation, Appellants, v. S/S DEFIANCE, her engines, boilers, etc.; Farrell Lines, Inc.; Chesapeake Operating Co. Inc. and John T. Clark and Son of Maryland, Inc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 11, 1983.

Attorney(s) appearing for the Case

David W. Skeen, Baltimore, Md. (James D. Skeen, Constable, Alexander, Daneker & Skeen, Baltimore, Md., on brief), for appellants.

H. John Bremermann, III, Baltimore, Md. (R. Roger Drechsler, J. Paul Mullen, Lord, Whip, Coughlan & Green, P.A., Baltimore, Md., on brief), for appellees.

Before HALL and SPROUSE, Circuit Judges, and BRYAN, Senior Circuit Judge.

K.K. HALL, Circuit Judge:

Plaintiffs, Koppers Company, Inc. (Koppers), Paul Wurth, S.A. (Wurth), and Republic Steel Corporation (Republic) brought this action against S/S Defiance, Farrell Lines, Inc. (Farrell), John T. Clark & Son of Maryland, Inc. (Clark) and Chesapeake Operating Company, Inc., for damages to cargo owned by or consigned to plaintiffs. The issue is whether Clark is entitled to the $500 limitation of liability set forth in Section 4(5) of the...

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