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DAVAL STEEL PRODUCTS v. M/V ACADIA FOREST

No. 86 Civ. 8296 (MBM).

683 F.Supp. 444 (1988)

DAVAL STEEL PRODUCTS, A DIVISION OF FRANCOSTEEL CORPORATION, Plaintiff, v. M/V ACADIA FOREST, her engines, boilers, etc.; Atlantic Lash Carriers Inc.; and Lash Carriers Inc., Defendants.

United States District Court, S.D. New York.

April 15, 1988.

Attorney(s) appearing for the Case

John A.V. Nicoletti, and James Sweeney, Donovan, Maloof Walsh & Repetto, New York City, for plaintiff.

Peter Skoufalos, Chalos English & Brown, New York City, for defendants.

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiff sued for damage to its shipment of steel products that allegedly occurred during a voyage on defendants' vessel, M/V Acadia Forest, from Antwerp, Belgium to New Orleans. Defendants interposed defenses based on the $500 per package liability limitation contained in one clause of the bill of lading, as authorized by the Carriage of Goods by Sea Act ("COGSA"), specifically 46 U.S.C.App. § 1304(5)

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