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WEMHOENER PRESSEN v. CERES MARINE TERMINALS, INC.

No. 92-1885.

5 F.3d 734 (1993)

WEMHOENER PRESSEN, Plaintiff-Appellant, v. CERES MARINE TERMINALS, INCORPORATED, Defendant-Appellee, and M/V TADEUSZ KOSCIUSZKO, her engines, boilers, etc., in rem; French-Polish Shipping Company; Polskie Linie Oceaniczne, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1993.

Attorney(s) appearing for the Case

James Dygert Skeen, Wright, Constable & Skeen, Baltimore, argued, for appellant.

JoAnne Zawitoski, Semmes, Bowen & Semmes, Baltimore, argued, for appellee.

Before RUSSELL, Circuit Judge, SPROUSE, Senior Circuit Judge, and BRITT, United States District Judge for the Eastern District of North Carolina, sitting by designation.

OPINION

BRITT, District Judge:

The issues before the court are whether the district court erred first in finding that federal maritime law applied to appellant Wemhoener Pressen's claim against appellee Ceres Marine Terminals, and then in deciding that the Himalaya clause in the bill of lading effectively extended to Ceres the $500 limitation of liability available to the carrier under the provisions of the...

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