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Cincinnati Milacron, Ltd. v. M/V American Legend

United States Court of Appeals, Fourth Circuit
Nov 6, 1986
804 F.2d 837 (4th Cir. 1986)
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Summary

adopting Judge Phillips' dissent

Summary of this case from Carman Tool Abrasives, v. Evergreen Lines
See 4 Summaries

Opinion

No. 85-1183.

Argued October 7, 1986.

Decided November 6, 1986.

James D. Skeen (David W. Skeen, Constable, Alexander, Daneker Skeen, on brief), for appellant.

John H. West, III (Roann Nichols, Ober, Kaler, Grimes Shriver, on brief), for appellees.

Appeal from the United States District Court for the District of Maryland.

Before WINTER, RUSSELL, WIDENER, HALL, PHILLIPS, SPROUSE, ERVIN, CHAPMAN, WILKINSON and WILKINS, Circuit Judges, sitting en banc.

PER CURIAM:

On rehearing of this appeal en banc, the judgment of the district court is affirmed for reasons stated in the dissent to the superseded panel decision. See Cincinnati Milacron, Ltd. v. M/V American Legend, 784 F.2d 1161, 1166 (4th Cir. 1986) (dissenting opinion).

Chief Judge Winter and Judge Ervin dissent and would reverse for reasons stated in the superseded opinion for the panel majority. See id. at 1162.

AFFIRMED.

Summaries of

Cincinnati Milacron, Ltd. v. M/V American Legend

United States Court of Appeals, Fourth Circuit
Nov 6, 1986
804 F.2d 837 (4th Cir. 1986)

adopting Judge Phillips' dissent

Summary of this case from Carman Tool Abrasives, v. Evergreen Lines

adopting the opinion expressed in the dissent to the panel decision, Cincinnati Milacron, Ltd., 784 F.2d at 1166, that COGSA liability limitation language need not even be apparent on a short-form bill of lading to be binding, as long as a long form with the language is adequately posted

Summary of this case from Granite State Insurance v. M/V Caraibe

adopting Judge Phillips' dissent

Summary of this case from Continental Ins. Co. v. Columbus Line, Inc.

sitting en banc, reversing earlier panel decision holding that fair opportunity doctrine could not be met through terms incorporated in a short form bill of lading; cited, although on another point, inGeneral Elec. Co., 817 F.2d at 1029

Summary of this case from Delphi-Delco Electronics Systems v. M/V Nedlloyd Europa
Case details for

Cincinnati Milacron, Ltd. v. M/V American Legend

Case Details

Full title:CINCINNATI MILACRON, LTD., APPELLANT v. M/V AMERICAN LEGEND, HER ENGINES…

Court:United States Court of Appeals, Fourth Circuit

Date published: Nov 6, 1986

Citations

804 F.2d 837 (4th Cir. 1986)

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