CONKLIN & GARRETT LTD. v. M/V FINNROSE

No. 86-6040.

826 F.2d 1441 (1987)

CONKLIN & GARRETT, LTD. Plaintiff-Appellant, v. M/V FINNROSE, Etc., et al. Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 17, 1987.


Attorney(s) appearing for the Case

Malinda G. York, Houston, Tex., for plaintiff-appellant.

William C. Bullard, Houston, Tex., for Enso-Gutzeit & Atlantic Cargo Services AB.

Before WISDOM, HIGGINBOTHAM, and DAVIS, Circuit Judges.


WISDOM, Circuit Judge:

The question this appeal presents is the enforceability of a choice of forum clause in a bill of lading covered by the Carriage of Goods by Sea Act (COGSA), 46 U.S.C. § 1300 et seq. We hold that the clause must yield to COGSA. We reverse and remand.

I.

Plaintiff/appellant, Conklin & Garrett, a Canadian corporation, sued for cargo damage in the Southern District of Texas against the M/V FINNROSE, a vessel that sails...

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