Filed: Jul. 22, 1999
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 98-31164 Summary Calendar _ GREAT AMERICAN INSURANCE COMPANIES, Plaintiff - Appellant, versus ROMERAL MV, Etc., et al, Defendants, ROMERAL MV, its engines, tackle, apparel, furniture, etc., in rem; COMPANIA SUD AMERICAN VAPORES SA, d/b/a Chilean Line, Defendants - Appellees. _ Appeal from the United States District Court for the Eastern District of Louisiana (95-CV-1626-I) _ July 19, 1999 Before WIENER, BARKSDALE, and STEWART, Circuit Ju
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 98-31164 Summary Calendar _ GREAT AMERICAN INSURANCE COMPANIES, Plaintiff - Appellant, versus ROMERAL MV, Etc., et al, Defendants, ROMERAL MV, its engines, tackle, apparel, furniture, etc., in rem; COMPANIA SUD AMERICAN VAPORES SA, d/b/a Chilean Line, Defendants - Appellees. _ Appeal from the United States District Court for the Eastern District of Louisiana (95-CV-1626-I) _ July 19, 1999 Before WIENER, BARKSDALE, and STEWART, Circuit Jud..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 98-31164
Summary Calendar
_____________________
GREAT AMERICAN INSURANCE COMPANIES,
Plaintiff - Appellant,
versus
ROMERAL MV, Etc., et al,
Defendants,
ROMERAL MV, its engines, tackle, apparel, furniture, etc., in
rem; COMPANIA SUD AMERICAN VAPORES SA, d/b/a Chilean Line,
Defendants - Appellees.
_________________________________________________________________
Appeal from the United States District Court
for the Eastern District of Louisiana
(95-CV-1626-I)
_________________________________________________________________
July 19, 1999
Before WIENER, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
For this dispute under the Carriage of Goods by Sea Act, 46
U.S.C. § 1300 et seq. (COGSA), involving an oversize tractor
damaged while being shipped from New Orleans to Chile, Great
American challenges the district court’s bench trial finding that
a Port of New Orleans custom allows on-deck shipping of oversized
cargo secured to a flat rack container.
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
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The parties’ stipulations resolved all issues save whether the
shipping method was an unreasonable deviation from the contracted
carriage and the legal cause of the tractor’s damage. If so,
defendants would be liable for the full damage, approximately
$116,000; if not, COGSA’s $500 limit would apply. In finding that
the custom allowed such stowage, the district court (the parties
consented to proceeding before the magistrate judge) credited the
testimony of Captain Larrondo and Henry Flanagan over that of
George Molina. Such a custom renders the stowage of the tractor
not an unreasonable deviation from the carriage contract.
Of course, we review findings of fact for clear error;
conclusions of law, de novo. E.g., Baldwin v. Stalder,
137 F.3d
836, 839 (5th Cir. 1998). “Where the court's finding is based on
its decision to credit the testimony of one witness over that of
another, that finding, if not internally inconsistent, can
virtually never be clear error.” Burma Navigation Corp. v. Reliant
Seahorse MV,
99 F.3d 652, 657 (5th Cir. 1996) (quotation omitted).
We find no reversible error, for essentially the reasons stated by
the district court. Great American Insurance Companies v. The M/V
Romeral, No. 95-1626 (E.D. La. August 31, 1998).
AFFIRMED
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