Before the U.S. Supreme Court's decision in CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd.("ATHOS I"), the federal circuit courts differed in their interpretation of whether certain language in a charterparty constituted a safe-berth warranty. The Second Circuit held that the words "safe berth, always afloat" impose a strict-liability warranty while the Fifth Circuit held that a safe-berth clause only imposed upon the charterer a duty of due diligence to select a safe berth.