HENLEY DRILLING CO. v. McGEE

Nos. 93-1543, 93-1548.

36 F.3d 143 (1994)

HENLEY DRILLING COMPANY, Plaintiff, Appellee, v. William H. McGEE and CNA Casualty of Puerto Rico, Defendants, Appellants. HENLEY DRILLING COMPANY, Plaintiff, Appellee, v. MARINE TRANSPORTATION SERVICES, etc. and Luis A. Ayala Colon Sucrs., Inc., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided September 27, 1994.


Attorney(s) appearing for the Case

Keith A. Graffam, with whom Dario Rivera Carrasquillo, John E. Mudd and Cordero, Miranda & Pinto, Old San Juan, PR, were on brief, for plaintiff.

Jose F. Sarraga, San Juan, PR, for defendant Marine Transp. Services.

Eugene F. Hestres, with whom Bird, Bird & Hestres, San Juan, PR, was on brief, for defendant Luis A. Ayala Colon Sucrs., Inc.

Before TORRUELLA, Circuit Judge, ALDRICH, Senior Circuit Judge, and CYR, Circuit Judge.


CYR, Circuit Judge.

The central question in this case — whether the $500 per-package limit on ocean carriage liability imposed by the Carriage of Goods by Sea Act (COGSA), 46 U.S.C.App. § 1304(5), is applicable to an oil drilling rig — requires the court to consider for the first time the COGSA-related "fair opportunity" doctrine.

I

BACKGROUND

Puerto Rico Electric Power Authority (PREPA) contracted with Henley...

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