ROCKWELL INTERN. CORP. v. M/V INCOTRANS SPIRIT

No. H-87-1869.

707 F.Supp. 272 (1989)

ROCKWELL INTERNATIONAL CORP., Plaintiff, v. M/V INCOTRANS SPIRIT, her Engines, Tackle, Apparel, etc., et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

February 8, 1989.


Attorney(s) appearing for the Case

R.M. Sharpe, Jr., Sharpe & Kajander, Houston, Tex., for plaintiff.

William C. Bullard, Baker & Botts, Gus A. Schill, Jr., Royston & Rayzor, Francis I. Spagnoletti, Vinson & Elkins, Houston, Tex., for defendants.


MEMORANDUM AND ORDER

LAKE, District Judge.

Before the Court are the motions of the carrier and stevedore in this cargo damage action for summary judgment to limit their liability to $500 per package under the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C.App. § 1304(5) and the "Himalaya Clause" of the bill of lading. The shipper argues that the doctrine of deviation precludes application of the COGSA limitation of liability.

Plaintiff...

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