Itochu Intl Inc v. Western Bulk Shippin ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 97-30932
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ITOCHU INTERNATIONAL, INC.,
Plaintiff-Appellant,
versus
WESTERN AVENIER MV, ET AL.
Defendants,
WESTERN BULK SHIPPING A/S;
WESTERN BULK CARRIERS K/S,
Defendants-Appellees.
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Appeal from the United States District Court
For the Eastern District of Louisiana
(95-CV-2513-K)
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August 7, 1998
Before WISDOM, WIENER, and DENNIS, Circuit Judges.
PER CURIAM:*
Plaintiff-appellant Itochu International, Inc. appeals from
the district court’s ruling that defendants-appellees, as owner and
operator of the vessel in question, are entitled to protection
under the §1304(2)(q) exception of the Carriage of Goods By Sea Act
*
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that this opinion should not be published and is not precedent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.
(COGSA) to their general COGSA duty to load and stow cargo
properly. In so holding the court relied in large part on our
opinion in Tubacex, Inc. v. M/V Risan.1 After concluding that
Itochu had proved its prima facie case, the district court found
that Itochu had controlled the loading process of the cargo in
question under an exclusive Charter Party with Western Bulk, so
that the damage to the steel cargo in question resulted without the
fault or privity of Western Bulk.
We have carefully reviewed the operable facts as reflected by
the record and the legal arguments as advanced by able counsel in
their appellate briefs and orally before the Court, as a result of
which we conclude that the judgment of the district court should be
affirmed, essentially for the reasons advanced by that court.
AFFIRMED.
1
45 F.3d 941 (5th Cir. 1995).