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HAYES-LEGER ASSOCIATES v. M/V ORIENTAL KNIGHT

No. 84-8331.

765 F.2d 1076 (1985)

HAYES-LEGER ASSOCIATES, INC., d/b/a Mainly Baskets, Plaintiffs-Appellees, v. M/V ORIENTAL KNIGHT, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 16, 1985.

Attorney(s) appearing for the Case

Lamar C. Walter, Savannah, Ga., Vincent J. Barra, New York City, for defendants-appellants.

Lee Mundell, Savannah, Ga., for plaintiffs-appellees.

Before KRAVITCH and CLARK, Circuit Judges, and PECK, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

This case presents the recurring issue of how to apply the limitation-of-liability clause contained in section 4(5) of the Carriage of Goods by Sea Act (COGSA), 46 U.S.C. § 1304(5), to goods shipped in containers. Section 4(5) limits a carrier's and vessel's liability for goods damaged in transportation to "$500 per package ..., or in case of goods not shipped in packages, per customary freight unit," unless the shipper explicitly declares...

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