Legal Opinion
Tapco Nigeria, Ltd. v. M/v Westwind, Etc.
Court of Appeals for the Fifth Circuit
Decided April 22, 1983No. 82-3166PublishedCited by 29 opinions
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge.
TAPCO NIGERIA, LTD. appeals a judgment of the district court that it was not entitled to recover for shortage in and damage to a consignment of rice loaded aboard the M/V WESTWIND at Mobile, Alabama in December, 1978 and discharged from the vessel in January, 1979 at Lagos, Nigeria. 1 On appeal, TAPCO argues that the carrier did not fulfill its obligations under the Carriage of Goods by Sea Act (COGSA), 46 U.S.C. § 1300 et seq., and the Harter Act, 46 U.S.C. § 190-96. Specifically, it contends that the opening of the vessel’s hatches to the Nigerian stevedores…
2Cases cited10 opinions
- Schnell v. the VallescuraSupreme Court of the United States · 1934
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
- Pan American World Airways, Inc., a Corporation v. California Stevedore and Ballast Company, a CorporationCourt of Appeals for the Ninth Circuit · 1977
- F. J. Walker, Limited, Orleans International, Inc. v. The Motor Vessel "Lemoncore," Her Engines, Etc., DefendantsCourt of Appeals for the Fifth Circuit · 1977
- Isthmian Steamship Company, a Corporation v. California Spray-Chemical Corporation, a CorporationCourt of Appeals for the Ninth Circuit · 1962
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Servicios-Expoarma, C.A., and Orimpex-Zona Ind. Del Este v. Industrial Maritime Carriers, Inc.Court of Appeals for the Fifth Circuit · 1998
- Metropolitan Wholesale Supply, Inc. v. M/V Royal RainbowCourt of Appeals for the Fifth Circuit · 1994
- Mannesman Demag Corp. v. M/V Concert ExpressCourt of Appeals for the Fifth Circuit · 2000
- Sabah Shipyard Sdn. Bhd. v. M/V Harbel TapperCourt of Appeals for the Fifth Circuit · 1999
- C.A. Articulos Nacionales De Goma Gomaven v. M/v Aragua, Her Engines, Tackle, Apparel, Furniture, Etc., in RemCourt of Appeals for the Fifth Circuit · 1985
24 more not listed; retrieve them via the Exa API.