MITSUI MARINE FIRE & INS. v. DIRECT CONTAINER LINE, INC.

No. 99 CIV. 9461(LAK).

119 F.Supp.2d 412 (2000)

MITSUI MARINE FIRE AND INSURANCE COMPANY, LTD., Plaintiff, v. DIRECT CONTAINER LINE, INC., Defendant.

United States District Court, S.D. New York.

October 31, 2000.


Attorney(s) appearing for the Case

Bryce A. Larrabee, Bigham Englar Jones & Houston, for Plaintiff.

James E. Ryan, Dougherty Ryan Guiffra Zambito & Hession, for Defendant.


MEMORANDUM OPINION

KAPLAN, District Judge.

This case concerns a carrier that loaded cargo into the wrong container, resulting in the shipment going to India rather than Japan. The fundamental issue is whether the carrier can invoke the so-called package limitation of liability under the Carriage of Goods by Sea Act ("COGSA").1

The parties consented to trial by the Court, sitting without a jury, on a stipulated record...

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