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OTIS McALLISTER & CO. v. SKIBS

No. 15940.

260 F.2d 181 (1958)

OTIS McALLISTER & CO., a corporation, Appellant, v. SKIBS, a/s MARIE BAKKE, Appellee.

United States Court of Appeals Ninth Circuit.

October 10, 1958.

Attorney(s) appearing for the Case

Derby, Cook, Quinby & Tweedt, Carter Quinby, Lloyd M. Tweedt, San Francisco, Cal., for appellant.

Lillick, Geary, Wheat, Adams & Charles, Harry L. Haehl, Jr., George W. Hellyer, Jr., San Francisco, Cal., for appellee.

Before STEPHENS, Chief Judge, and DENMAN Senior Circuit Judge and BARNES, Circuit Judge.

DENMAN, Senior Circuit Judge.

Appellant, an importer of coffee from Callao, Peru, to San Francisco, hereafter Importer, appeals from a decision holding valid an invoice valuation provision in the bill of lading for coffee carried in the Motorship Marie Bakke. It is agreed that the amount recoverable for appellee's admitted negligence in the carriage of the coffee, causing a loss of part of it and injuring some of it, would be lessened under this provision by $3,555...

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