SERVICIOS-EXPOARMA v. INDUS. MARITIME CARRIERS

No. 97-30143.

135 F.3d 984 (1998)

SERVICIOS-EXPOARMA, C.A., and Orimpex-Zona Ind. Del Este, Plaintiffs-Appellees, v. INDUSTRIAL MARITIME CARRIERS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 25, 1998.


Attorney(s) appearing for the Case

John B. Gooch, Jr., Christopher E. Carey, Montgomery, Barnett, Brown Read, Hammond & Mintz, New Orleans, LA, David P. Karcher, Underwood, Karcher & Karcher, Miami, FL, for Plaintiff-Appellee.

Thomas Michael Schodowski, New Orleans, LA, for Defendant-Appellant.

Before MAGILL, SMITH, and DeMOSS, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

In this maritime case, we are called upon to decide two issues under the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C. app. §§ 1300-1315 (1994). We must first determine when "delivery" occurs under 46 U.S.C. app. § 1303(6), commencing the one-year period during which a shipper may bring an action for cargo damage against a carrier. We must also decide which party — the carrier or the shipper — bears the...

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