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Defendants-appellants Zim Container Service, Zim Israel Navigation Co., Ltd. and Shoham Maritime Services, Ltd. (collectively "Zim"), appeal from a judgment entered on February 24, 1993 in the United States District Court for the Southern District of New York (Keenan, J.), awarding plaintiff-appellee Bally, Inc. damages in the amount of $48,819.73, plus pre-judgment interest at a rate of eight percent, for loss to a shipment of shoes and other leather goods shipped aboard the defendant-vessel M.V. ZIM AMERICA. The goods were shipped from Leghorn, Italy to New York in two sealed containers. When later opened at Bally's warehouse in New Rochelle, New York, 65 cartons of goods were missing from one of the containers. After a bench trial, the district court issued findings of fact and conclusions of law in which it held that Bally had established delivery of the full shipment of goods to Zim and a shortage in the cargo at outturn, thereby proving a prima facie case for recovery under the Carriage of Goods by Sea Act, ("COGSA"), 46 U.S.C. App. §§ 1300-1315. Concluding that Bally has not demonstrated that the cartons were missing from the sealed container at outturn, we reverse and remand with instructions to dismiss the complaint.


22 F.3d 65 (1994)

BALLY, INC., Plaintiff-Appellee,


M.V. ZIM AMERICA, her engines, boilers, etc., Defendant, Zim Container Service, Zim Israel Navigation Co. Ltd., Shoham Maritime Services Ltd., Defendants-Appellants.

No. 712, Docket 93-7255. United States Court of Appeals, Second Circuit.

Argued February 7, 1994. Decided April 20, 1994.

New York Law School location: Box 132, File #1865