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SUNKIST GROWERS, INC. v. ADELAIDE SHIPPING LINES

No. 76-3112.

603 F.2d 1327 (1979)

SUNKIST GROWERS, INC., Plaintiff-Appellant, v. ADELAIDE SHIPPING LINES, LTD., Claimant-Appellee, and Salen Reefer Services AB, and M/V Gladiola, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 19, 1979.

Attorney(s) appearing for the Case

Stephen H. McReavy (argued), of Hall, Henry, Oliver & McReavy, San Francisco, Cal., for plaintiff-appellant.

Frederick W. Wentker, Jr. (argued), of Lillick, McHose & Charles, San Francisco, Cal., for claimant-appellee.

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

KILKENNY, Circuit Judge:

This is an appeal in admiralty from a judgment dismissing appellant's complaint in rem and in personam against appellees for cargo damage aboard the vessel GLADIOLA.

FACTS

The facts are not seriously in dispute. Appellant [Sunkist] is a California corporation engaged in packing and shipping citrus fruit. Claimant [Adelaide] is a corporation organized and existing under the laws of Great Britain and is the owner...

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