CINCINNATI MILACRON, LTD. v. M/V AMERICAN LEGEND

No. 85-1183.

784 F.2d 1161 (1986)

CINCINNATI MILACRON, LTD., Appellant, v. M/V AMERICAN LEGEND, her engines, boilers, etc., and United States Lines, Inc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 25, 1986.


Attorney(s) appearing for the Case

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

John H. West, III (Roann Nichols, Ober, Kaler, Grimes & Shriver, Baltimore, Md., on brief), for appellees.

Before PHILLIPS and ERVIN, Circuit Judges, and McMILLAN, District Judge for the Western District of North Carolina, sitting by designation.


ERVIN, Circuit Judge:

In this admiralty case, Cincinnati Milacron, Ltd., appeals the ruling of the district court which limited the liability of United States Lines, Inc. (U.S. Lines), for cargo damage to $1,000 under § 4(5) of the Carriage of Goods by Sea Act (COGSA)1, codified at 46 U.S.C. § 1304(5) (1982). Because U.S. Lines failed to carry its burden of proving that it afforded Cincinnati Milacron a fair opportunity to avoid...

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