Plastique Tags v. Asia Trans Line

83 F.3d 1367 (1996)

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Plastique Tags v. Asia Trans Line

United States Court of Appeals for the Eleventh Circuit
83 F.3d 1367 (1996)

Facts

Plastique Tags, Inc. (plaintiff) ordered a shipment of plastic bags from Inter-Korea Corporation, in Korea, to be delivered to Plastique Tag’s client in the United States. Inter-Korea contracted with Asia Trans Line, Inc. (defendant) to serve as carrier for the shipment. Asia Trans Line received the shipment in a single, sealed container and issued a bill of lading that read, “‘Shipper’s load & count’ said to contain . . . 4,437,500 . . . plastic bags.” The container remained sealed until it was delivered to Plastique Tag’s client. The client broke the seal to discover that over two million bags were missing. The client refused to pay Plastique Tags, and Plastique Tags sued Asia Trans Line for the shortfall pursuant to the Carriage of Goods by Sea Act (COGSA). The district court granted summary judgment in favor of Asia Trans Line, and Plastique Tags appealed.

Rule of Law

Issue

Holding and Reasoning (Fay, J.)

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