Court of Appeals for the Fifth Circuit December 8, 2004, 03-30598 (Chembulk Trading LLC v. Chemex Ltd., Novorossiysk Shipping Company v. Chemex Ltd., Etc.)

EMILIO M. GARZA, Circuit Judge,

dissenting:

The majority opinion holds that the term “all freights” must be construed to include “subfreights” based on the “the principles of contract interpretation under federal maritime law.” However, in doing so, the majority violates the basic “canon of contractual interpretation that requires words and phrases in a contract to be given their plain meanings.