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UNIMAC CO., INC. v. C.F. OCEAN SERVICE, INC.

No. 93-2706.

43 F.3d 1434 (1995)

UNIMAC COMPANY, INC., Plaintiff-Appellant, v. C.F. OCEAN SERVICE, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 6, 1995.

Attorney(s) appearing for the Case

John C. Pelham, D. Andrew Byrne, Pennington & Haben, P.A., Tallahassee, FL, for appellant.

William Davis, Lynette Ebeoglu McGuinnes, Miami, FL, for appellee.

Before KRAVITCH and HATCHETT, Circuit Judges, and CLARK, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

The central issue presented in this admiralty case is whether a carrier's misdelivery of goods constitutes a deviation such that the one-year statute of limitations and $500 per package limit on liability set forth in the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C.A.App. §§ 1300-1315 (1994), do not apply. We hold that a misdelivery is not a deviation, and AFFIRM the district court's grant of summary judgment.

I.

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