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D contracted to transport one sealed container from Inter-Korea Corporation in Korea to P in New York. Inter-Korea represented that the container held 4,437,500 plastic bags. P then issued a bill of lading for the cargo, which stated: ' 'SHIPPER'S LOAD & COUNT' SAID TO CONTAIN: 5,600 boxes/4,437,500 … plastic bags.' P then contracted with DSR Senator Lines to ship the container aboard the M/V Cho Yang World. Inter-Korea delivered the sealed container directly to Senator. Senator then issued another bill of lading, identical in all material terms to the P bill of lading. The M/V Cho Yang World delivered the container to New York, and Senator released the container with its seal intact to a trucking company. The trucking company transported the container to P's client. The client broke the seal, inventoried the container, and found 2,618,500 bags missing. The client refused to pay P for the shipment. Approximately one year later, in October of 1993, Plastique sent notice of the missing bags to an agent of Cho Yang. P brought suit against D (but not Inter-Korea, the shipper). The District Court granted summary judgment for all the Ds, ruling as a matter of law that P could not establish a claim under COGSA. P appealed.

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