CARMAN TOOL & ABRASIVES, INC. v. EVERGREEN LINES

No. 88-5778.

871 F.2d 897 (1989)

CARMAN TOOL & ABRASIVES, INC., Plaintiff-Appellant, v. EVERGREEN LINES, a Corporation; Metropolitan Stevedore Company; M/V EVER GIANT, Her Engines, Machinery, Tackle, Furniture, Apparel, etc., In Rem, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 5, 1989.


Attorney(s) appearing for the Case

Ernest N. Reddick and Marc Derewetzky, Derby, Cook, Quinby & Tweedt, San Francisco, Cal., for plaintiff-appellant.

Alan Nakazawa, Williams, Woolley, Cogswell, Nakazawa & Russell, Long Beach, Cal., Christopher J. Mead and John Mahoney, Cooper, White & Cooper, San Francisco, Cal., for defendants-appellees.

Before WALLACE, POOLE and KOZINSKI, Circuit Judges.


KOZINSKI, Circuit Judge:

We consider whether under the Carriage of Goods by Sea Act (COGSA) a carrier must give the purchaser of goods listed in the bill of lading actual notice of COGSA's package liability limitation.

Facts

This dispute arises out of a garden variety shipping transaction following the purchase of some heavy industrial equipment. The plaintiff, Carman Tool & Abrasives, Inc., purchased two milling machines, F.O.B. Taiwan, from...

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