TOKIO MARINE & FIRE INSURANCE CO. v. RETLA STEAMSHIP CO.

No. 23200.

426 F.2d 1372 (1970)

TOKIO MARINE & FIRE INSURANCE COMPANY, Ltd., Plaintiff-Appellant, v. RETLA STEAMSHIP COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 20, 1970.


Attorney(s) appearing for the Case

Dan Brennan (argued), of Overton, Lyman & Prince, Los Angeles, Cal., for appellant.

Robert A. Fletcher (argued), of Fletcher & Rauch, Los Angeles, Cal., for appellee.

Before CHAMBERS and TRASK, Circuit Judges, and JAMESON, District Judge.


JAMESON, District Judge:

Plaintiff-appellant, Tokio Marine and Fire Insurance Company, Ltd., as subrogee of R. A. Barnett & Company, the purchaser of a shipment of steel pipe, brought this action against defendant-appellee, Retla Steamship Company,1 the ocean carrier which transported the pipe from Japan to Los Angeles, to recover damages suffered by Barnett by reason of rust on the pipe when it was delivered in Los Angeles. The case...

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