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PACIFIC EMPLOYERS INS. CO. v. M/V GLORIA

No. 84-3135.

767 F.2d 229 (1985)

PACIFIC EMPLOYERS INSURANCE COMPANY, et al., Plaintiffs-Appellees, v. The M/V GLORIA, etc., Defendants, AQUARIUS, LTD., et al., Defendants-Third Party Plaintiffs-Appellants, v. GREENWICH MARINE, INC., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 8, 1985.

Attorney(s) appearing for the Case

Terriberry, Carroll & Yancey, M.D. Yager, New Orleans, La., for defendants-third party plaintiffs-appellants.

Lemle, Kelleher, Kohlmeyer & Matthews, W.E. Noel, Heather A. Dolins, New Orleans, La., for Pacific, et al.

Gelpi, Sullivan, Carroll & Laborde, Robert P. McCleskey, Jr., New Orleans, La., for Greenwich.

Before THORNBERRY, REAVLEY and HIGGINBOTHAM, Circuit Judges.

THORNBERRY, Circuit Judge:

This case arises out of a shipment of bagged soybean meal from New Orleans, Louisiana, to Puerto Limon, Costa Rica. When the cargo arrived in Puerto Limon, tallies of the cargo showed that some of the bags were wet, some torn and slack, and some shortlanded. Plaintiffs-appellees brought two admiralty actions under the Carriage of Goods by Sea Act, 46 U.S.C. § 1300, et seq. (West 1975) ("COGSA"), in which they sought to recover for the...

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