Full Volume 19 - Federal Maritime Commission

E S B INC v MOORE McCORMACK LINES 491
ily adelivery to ship and as respects shipments in which bills of lading
are issued the bill of lading is as between shipowner and shipper the
statement of the contract between them The Capt Faure 10 F 2d 950
954 CA 2 1926 The carrier has a right to expect the shipper will
properly identify the shipment Ocean Freight Consultants Inc v
Italpacific Line Docket No 71 81 15 FMC 314 319 1972 The shipper
in this instance has not justified changing the description of the bill of
lading
FINDINGS AND CONCLUSIONS
Upon consideration of the entire record in these proceedings the
Presiding Administrative Law Judgefinds and concludes in addition to
the findings and conclusions hereinbefore stated
1 Complainant has failed to meet heavy burden of proof that respondent has violated
Section 18b 3 of the Act
2 Reparation should be denied
Wherefore it is ordered subject to review by the Commission on
appeal or upon its own motion as provided in the Commission s Rilles of
Practice and Procedure that
A E S Bs claim for reparation be and hereby is denied
B The proceeding be and hereby is discontinued
WASHINGTON D C
January 26 1976
19 F M C
S WILLIAM BEASLEY HARRIS
Administrative Law Judge