Full Volume 19 - Federal Maritime Commission

HOBELMANN INTL INC v MOORE McCORMACK LINES 575
what the claimant can prove based on all the evidence as to what was
actually shipped even if the actual shipment differed from the bill of
lading description But where the carrier is thereby prevented from
verifying the claimant s contentions the claimant has a heavy
burden of
proof to establish his claim 8 Furthermore in its Report on Remand 9
the Commission has added
In considering claims involving disputes as to the nature of the cargo either weight
measurement or description if the cargo has left the custody of the carrierbefore the
claim is brought and the cargo cannot be reexamined the Commission has traditionally
imposed a heavy burden of proof on the complainant Nothing in the Court s opinion in
Kraft should change this
The presentation yields very little that might be relied upon to identify
the character of this commodity However resort to definitions and usage
offer an insight into the nature of this material
Refractory material is defined as that which is capable of enduring high
temperature such as clay brick or mortar Again refractory material is
of various non metallic ceramic
more particularly described as any
for use as
substances that are characterized especially by their suitability
structural materials at high temperatures usually in contact with metals
slags glass or other corrosive materials as in furnaces crucibles or
saggers that are classified chemically as acid as silica and fireclay basic
as magnesite and dolomite or neutral as high alumina refractories
carbon and silicon carbide and that are produced in the form of brick
castable concretes plastics and granular materials in bulk1o
Investment casting is described as the method used for reproducing
faithfully delicate and intricate detail Briefly two techniques are tradition
ally used The lost wax and the sand process methods In the sand
process which is involved here the mold is made by applying to the
pattern a very fine damp French sand composed of clay
alumina which hardens when it dries
silica and
Il
The Ransom Randolph Company apparently has improved the
traditional method of applying the sand to the model by the introduction
ofthe use ofcombined vacuum and vibration which facilitates investment
by their product The company describes Ultra Vest Investment as a
specially blended compound for the jewelry casting industry It was
designed to be mixed with water to give a smooth easy to handle slurry
at a very low rise under vacuum In relevant part the instruction specifies
Remove bowl from mixer and place on vacuum table and vacuum until the investment
rises in bowl and collapses fill flasks by pouring investment down the side of the
Fill
flask allowing the investment to flow up and around and through the patterns
flasks with investment to a height which completely covers the top of the patterns Place
invested flasks under vacuum and vacuum for one and a half to two minutes While
8 Western Publishing Co Inc v Hapag LloydA G 2831 13 SRR 16 1972
9
Docket No 73 44Kraft Foods v Moore McCormack Lines Inc 1124176 Report on Remand in accordance
with the decisron of the Court in Kraft Foods v Federal Maritime Commission US App D C 538 F 2d 445
1976
10 Webster s Third New International Dictionary Unabridged 1967Edition
11 Encyclopaedia Britannica 1973 Edition
19 F M C