451 F2d 1389 Pan-Alaska Fisheries Inc v. Kimbrell-Lawrence Transportation Inc M/v Western Pioneer

451 F.2d 1389

PAN-ALASKA FISHERIES, INC., a corporaton, Appellee,
v.
KIMBRELL-LAWRENCE TRANSPORTATION, INC., a corporation, d/b/a
Pioneer Alaska Line and M/V WESTERN PIONEER, her
engines, tackle, apparel, furniture and
equipment, Appellants.

No. 71-2400.

United States Court of Appeals,
Ninth Circuit.

Jan. 7, 1972.

Raymond J. Petersen (argued), of Maxwell & Petersen, Seattle, Wash., for appellants.

Dwight L. Guy (argued), Martin P. Detels, Jr., of Detels, Draper & Marinkovich, Seattle, Wash., for appellee.

Before CHAMBERS, HAMLEY and GOODWIN, Circuit Judges.

PER CURIAM:

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1

The award of damages under the Carriage of Goods at Sea Act, 46 U.S.C. Sec. 1300 et seq., for damage to a shipment of frozen fancy King Crab is affirmed.

2

The burden of exculpation was on the carrier. The trial judge was not satisfied with any of the explanations of the carrier. On the record, he could properly so conclude.