Ford Motor Company v. The S.S. Santa Irene, Her Boilers, Etc.
This text of 341 F.2d 564 (Ford Motor Company v. The S.S. Santa Irene, Her Boilers, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The motion to dismiss the appeal was submitted along with the merits. We do not reach the merits since we are of the opinion that the motion is due to be granted.
A pre-trial order was issued by the court below wherein the court concluded that each of the damaged automobiles was to be considered the “customary freight unit” within the purview of the Carriage of Goods by Sea Act, 46 U.S. C.A. § 1304(5), and damages should not exceed $500.00 per vehicle.
The order appealed from is not reviewable under 28 U.S.C.A. § 1292(a) (3). Albatross Shipping Corporation v. Stewart, 5 Cir., 326 F.2d 208; King v. California Company, 5 Cir., 224 F.2d 193, opinion extended on rehearing, 236 F.2d 413; and Lissner and Company v. Oceanic Steam Navigation Company, 2nd Cir., 30 F.2d 290.
The motion to dismiss is
Granted.
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341 F.2d 564, 1965 A.M.C. 1272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-motor-company-v-the-ss-santa-irene-her-boilers-etc-ca5-1965.