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KONICA BUSINESS MACHINES v. VESSEL SEA-LAND CONSUMER

Nos. 96-55872, 96-56020.

153 F.3d 1076 (1998)

KONICA BUSINESS MACHINES, INC., a corporation, Plaintiff-Appellant-Cross-Appellee, v. THE VESSEL "SEA-LAND CONSUMER," her engines, tackle, apparel, furniture, and appurtenances; Reynolds Leasing Corp., a corporation; and Sea-Land Services, Inc., a corporation, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 3, 1998.

Attorney(s) appearing for the Case

Michael W. Lodwick, Porter, Groff & Lodwick, Long Beach, California, for plaintiff-appellant-cross-appellee.

Chester D. Hooper, Haight Gardner Holland & Knight, New York, New York, and David M. Salentine, San Francisco, California, for defendants-appellees-cross-appellants.

Before: FLETCHER, THOMPSON and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge:

This "cargo overboard" case presents two questions: whether the evidence supports a general custom of stowing shipping containers on deck under a clean bill of lading and whether the district court properly limited the carrier's liability for cargo loss under the Carriage of Goods by Sea Act ("COGSA"). 46 U.S.C. app. § 1304. Konica Business Machines ("Konica") appeals the district court's judgment in favor of Konica for $44,000. The district...

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