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MONICA TEXTILE CORP. v. S.S. TANA

No. 360, Docket 91-7635.

952 F.2d 636 (1991)

MONICA TEXTILE CORPORATION, Plaintiff-Appellant, v. S.S. TANA, her engines, boilers, etc., Barber West Africa Lines, Barber Steamship Lines, Inc., Barber Steamship Lines (N.A.), Inc., and Sekihyo Line (Panama), S.A., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 23, 1991.

Attorney(s) appearing for the Case

Peter D. Fenzel, New York City (McDonald, Herbermann & Fenzel, of counsel), for plaintiff-appellant.

Richard V. Singleton, II, New York City (Todd P. Kenyon, Healy & Baillie, of counsel), for defendants-appellees.

Before KEARSE, PRATT and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

We are (once again) presented with "the latest skirmish in the age old war between shippers and carriers over their respective rights and liabilities." Matsushita Elec. Corp. v. S.S. Aegis Spirit, 414 F.Supp. 894, 897 (W.D.Wash.1976). This case requires us to revisit the issue whether a massive shipping container is a "package" for purposes of the $500 per-package limitation on liability of the...

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