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NORTH RIVER INS. CO. v. FED SEA/FED PAC LINE

No. 79-3348.

647 F.2d 985 (1981)

NORTH RIVER INSURANCE CO., and Northwestern National Insurance Co., Plaintiffs/Appellants, v. FED SEA/FED PAC LINE, Federal Commerce and Navigation, Ltd., Pan American Bulk Carriers, Inc., and the S. S. Pacific Defender, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1981.

Rehearing and Rehearing Denied September 24, 1981.

Attorney(s) appearing for the Case

Lee H. Cliff, Hall, Henry, Oliver & McReavy, San Francisco, Cal., for plaintiffs-appellants.

Alan Nakazawa, Los Angeles, Cal., argued for defendants-appellees; Charles W. Cappel, Lillick, McHose & Charles, Los Angeles, Cal., on brief.

Before ALARCON, FERGUSON and REINHARDT, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 24, 1981.

FERGUSON, Circuit Judge:

North River Insurance Co. and Northwestern National Insurance Co. ("Insurers") appeal a district court decision which refused to exercise jurisdiction over an action involving damage to goods transported on behalf of a company insured by Insurers. The district court refused to exercise jurisdiction because of a foreign forum clause incorporated in the bill of lading. Insurers...

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