TAISHO MARINE & FIRE INS. CO., LTD. v. VESSEL GLADIOLUS

No. 84-5745.

762 F.2d 1364 (1985)

TAISHO MARINE & FIRE INSURANCE CO., LTD., Plaintiff-Appellant, v. The VESSEL "GLADIOLUS"; Gladiolus Shipping, Inc.; Sanko Steamship Co., Ltd.; Marine Terminals Corp.; Arkansas Best Freight, etc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 13, 1985.


Attorney(s) appearing for the Case

Ronald D. Kent, Fisher, Porter & Kent, Long Beach, Cal., for plaintiff-appellant.

Christopher Ashworth, Garfield, Tepper & Ashworth, Los Angeles, Cal., for defendants-appellees.

Before BROWNING, KENNEDY and ALARCON, Circuit Judges.


KENNEDY, Circuit Judge:

Taisho Marine and Fire Insurance Co., Ltd. appeals from an order of summary judgment in favor of Arkansas Best Freight Systems, Inc. (ABF). Though we disagree with the district court's ruling on the statute of limitations issue, we agree with its ruling that timely notice was not given and therefore affirm dismissal of the action.

Taisho sued ABF for damage to a cargo of steel tubing. The cargo was carried by the vessel "Gladiolus"...

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