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U.S. v. OCEAN BULK SHIPS, INC.

No. 00-20117.

248 F.3d 331 (2001)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. OCEAN BULK SHIPS, INC.; Trans-bulk Carriers, Defendants-Appellees-Cross-Appellants. M/V OVERSEAS HARRIETTE, its engines, tackle, etc., in rem; M/V OVERSEAS MARILYN, Defendants-Appellees. United States of America, Plaintiff-Appellant-Cross-Appellee, v. Ocean BULK Ships, Inc., in personam, Defendant-Appellee-Cross-Appellant, M/V OVERSEAS HARRIETTE, its engines, tackle, etc., in rem, Defendant-Appellee. United States of America, Plaintiff-Appellant-Cross-Appellee, v. Ocean BULK Ships, Inc., in personam, Defendant-Appellee-Cross-Appellant, M/V OVERSEAS MARILYN, its engines, tackle, etc., in rem, Defendant-Appellee. United States of America, Plaintiff-Appellant-Cross-Appellee, v. Ocean Bulk Ships, Inc., in personam, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

April 10, 2001.

Attorney(s) appearing for the Case

Peter Glenn Myer (argued), U.S. Dept. of Justice, Torts Branch-Civil Div., Washington, DC, for Plaintiff-Appellant-Cross-Appellee.

William Andrew Durham (argued), John Stuart Lilly, Eastham, Watson, Dale & Forney, Houston, TX, for Defendants-Appellees-Cross-Appellants and Defendants-Appellees.

Before KENNEDY, JONES and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

This appeal involves loss and damage to five separate famine relief shipments made by the United States of America (the United States) to certain African ports. Plaintiff-shipper, the United States appeals a final judgment awarding only limited damages in the amount of $7,300.08 on its claims for cargo loss and damage in the amount of $203,319.87 under the Carriage of Goods by Sea Act (COGSA), 46 U.S.C.App. §§ 1300-1315. The United...

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