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PORTLAND FISH CO. v. STATES STEAMSHIP CO.

No. 73-1897.

510 F.2d 628 (1974)

PORTLAND FISH COMPANY, a corporation, Plaintiff-Appellant, v. STATES STEAMSHIP COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 24, 1974.

Attorney(s) appearing for the Case

William F. White, of White, Sutherland, Brownstein & Parks, Portland, Or., for plaintiff-appellant.

Erskine Wood, of Wood, Wood, Tatum, Mosser & Brooke, Portland, Or., for defendant-appellee.

Before KOELSCH and KILKENNY, Circuit Judges, and McGOVERN, District Judge.

OPINION

KOELSCH, Circuit Judge:

Pursuant to its agreement to purchase frozen tuna from a seller in the Philippines, Portland Fish Company, the plaintiff, deposited an irrevocable letter of credit with a Manila bank, authorizing payment to seller of $562.50 per short ton of fish upon presentation of a bill of lading.

Thereafter, seller delivered some fish to States Steamship Company, the defendant (hereafter Carrier), for carriage and received from...

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