Unimac Company, Inc. v. C.F. Ocean Service, Inc.

KRAVITCH, Circuit Judge:

The central issue presented in this admiralty case is whether a carrier’s misdelivery of goods constitutes a deviation such that the one-year statute of limitations and $500 per package limit on liability set forth in the Carriage of Goods by Sea Act (“COGSA”), 46 U.S.C.AApp. §§ 1300-1315 (1994), do not apply. We hold that a misdelivery is not a deviation, and AFFIRM the district court’s grant of summary judgment.

I

Unimac Company, Inc. (“Unimac”) is a manufacturer and seller of washing machines. C.F. Ocean Service, Inc. (“CFOS”) is a non-vessel operating common carrier,…