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Am. Far E. Trading Co., v. Sea-Land Serv

United States Court of Appeals, Ninth Circuit
Jun 3, 1982
678 F.2d 830 (9th Cir. 1982)

Summary

affirming the trial court for reasons stated in opinion below, 493 F. Supp. 125 (N.D.Cal. 1980)

Summary of this case from Nemeth v. General Steamship Corp.

Opinion

No. 80-4428.

Argued and Submitted January 11, 1982.

Decided June 3, 1982. Rehearing Denied July 22, 1982. Rehearing Denied August 18, 1982.

Francis L. Tetreault, Graham James. San Francisco, Cal., for defendant-appellant.

John E. Droeger, Hall, Henry, Oliver McReavy, San Francisco, Cal., for plaintiff-appellee.

Appeal from the United States District Court for the Northern District of California; William W Schwarzer, District Judge.

Before BROWNING, Chief Judge; SKOPIL and NORRIS, Circuit Judges.


ORDER


For the reasons stated in the opinion of the district court, American Far Eastern Trading Company v. Sea-Land Service, Inc., 493 F. Supp. 125 (N.D.Cal. 1980), the judgment is affirmed.

ORDER

Appellant's petition for rehearing is denied. We decline appellant's suggestion that we reconsider Judge Schwarzer's decision in light of Allied Eagle Trading Corp. v. S. S. Yang Ming, 672 F.2d 1055 (2d Cir. 1982). There, the Second Circuit relied primarily upon a contract analysis in dealing with an unambiguous bill of lading; here, there was a course of dealing and a somewhat ambiguous bill of lading. Given the facts of this case, Judge Schwarzer correctly relied, in part, upon a notice analysis.


Summaries of

Am. Far E. Trading Co., v. Sea-Land Serv

United States Court of Appeals, Ninth Circuit
Jun 3, 1982
678 F.2d 830 (9th Cir. 1982)

affirming the trial court for reasons stated in opinion below, 493 F. Supp. 125 (N.D.Cal. 1980)

Summary of this case from Nemeth v. General Steamship Corp.
Case details for

Am. Far E. Trading Co., v. Sea-Land Serv

Case Details

Full title:AMERICAN FAR EASTERN TRADING COMPANY, A CORPORATION, PLAINTIFF-APPELLEE…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 3, 1982

Citations

678 F.2d 830 (9th Cir. 1982)

Citing Cases

Nemeth v. General Steamship Corp.

The district court correctly found that Nemeth's shipment consisted of three packages. See Hartford Fire Ins.…