Gebr. Bellmer Kg., Cross-Appellee v. Terminal Services Houston, Inc., Cross-Appellant

This is a companion ease to Wuerttember-gische and Badische Versicherungs-Ak-tiengesellsehaft v. M/V STUTTGART EXPRESS, 711 F.2d 621 (5 Cir.1983) decided this day. It raises the same issue involving the obligation under Section 4(5) of the Carriage of Goods by Sea Act, 46 U.S.C. § 1304(5), to offer the option to a shipper to increase the valuation of the cargo being shipped to escape the $500 per package limitation on liability contained in that statute. The case involves two additional issues, as the facts as found by the district court, 523 F.Supp. 941, will show.

In this case the damage to…