Legal Opinion

Terman Foods, Inc. v. Omega Lines

Court of Appeals for the Eleventh Circuit

Decided June 20, 1983No. 82-5157PublishedCited by 29 opinions

Non-Argument Calendar.

1Per curiam

The major question presented by this appeal is whether the trial court erroneously imposed liability under the Carriage of Goods by Sea Act, 46 U.S.C.A. §§ 1300-1315, on the defendant carrier for the spoilage of a shipment of chicken. We affirm the decision as to liability and damages. We reverse that portion of the order entering judgment against the vessel because it was never attached, and therefore the court had no jurisdiction over it.

Terman Foods, Inc., contracted with Omega Lines to ship 6,579 cartons of frozen chicken backs from Miami to Bridgeport, Barbados. Most of the chicken was…

2Cases cited9 opinions

  1. McAllister v. United StatesSupreme Court of the United States · 1954
  2. W. F. Chaney v. City of Galveston, Earl J. Smith & Co., Inc. v. City of GalvestonCourt of Appeals for the Fifth Circuit · 1966
  3. Caemint Food, Inc. v. Lloyd Brasileiro, Companhia De NavegacaoCourt of Appeals for the Second Circuit · 1981
  4. Waterman S. S. Corp. v. United States Smelting, Refining & Mining Co.Court of Appeals for the Fifth Circuit · 1946
  5. Emmco Insurance Company v. Wallenius Caribbean Line, S.A., Defendant-Third Party v. Gulfstream Shipping Corporation, Third PartyCourt of Appeals for the Third Circuit · 1974

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3Cited by29 opinions

  1. Steelmet, Inc. v. Caribe Towing Corp.Court of Appeals for the Eleventh Circuit · 1984
  2. Hale Container Line, Inc. v. Houston Sea Packing Co.Court of Appeals for the Eleventh Circuit · 1998
  3. Hayes-Leger Associates, Inc., D/B/A Mainly Baskets v. M/v Oriental KnightCourt of Appeals for the Eleventh Circuit · 1985
  4. Westinghouse Electric Corporation, Cross-Appellants v. M/v "Leslie Lykes", Etc., Lykes Bros. Steamship Co., Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1984
  5. Philip Morris v. American Shipping Co.Court of Appeals for the Eleventh Circuit · 1984

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