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TAISHO MAR. & FIRE INS. v. M/V SEA-LAND ENDURANCE

No. 86-5747.

815 F.2d 1270 (1987)

TAISHO MARINE & FIRE INSURANCE CO., LTD., Plaintiff-Appellant, v. M/V SEA-LAND ENDURANCE; Sea-Land Service, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 27, 1987.

Attorney(s) appearing for the Case

Erich P. Wise, Long Beach, Cal., for defendant-appellee.

Gerald M. Fisher and Ronald D. Kent, Long Beach, Cal., for plaintiff-appellant.

Before FERGUSON, BOOCHEVER and WIGGINS, Circuit Judges.

BOOCHEVER, Circuit Judge:

OVERVIEW

Taisho Marine and Fire Insurance Company (Taisho) appeals the district court's judgment in favor of Sea-Land Service Incorporated (Sea-Land). The court held that the peril of the sea defense under the Carriage of Goods by the Sea Act (COGSA), 46 U.S.C. app. § 1304(2)(c) (Supp. III 1985), prevented Taisho from recovering payments made to a shipper for cargo lost by Sea-Land. Taisho contends that the district court ...

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