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A. KEMP FISHERIES, INC. v. CASTLE & COOKE, INC.

No. 87-3726.

852 F.2d 493 (1988)

A. KEMP FISHERIES, INC., a Minnesota/Washington corporation, Plaintiff-Appellee, v. CASTLE & COOKE, INC., BUMBLE BEE SEAFOODS DIVISION; and Bumble Bee Samoa, Inc., a Delaware corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 25, 1988.

Attorney(s) appearing for the Case

Seth W. Morrison, Oles, Morrison, Rinker, Stanislaw & Ashbaugh, Seattle, Wash., Robert M. Westberg, Pillsbury, Madison and Sutro, San Francisco, Cal., for defendants-appellants.

Vi Jean Reno, McGee and Reno, Seattle, Wash., for plaintiff-appellee.

Before WRIGHT and CANBY, Circuit Judges, and ORRICK, Senior District Judge.

EUGENE A. WRIGHT, Circuit Judge:

In this case we consider whether the court properly admitted parol evidence to determine the terms of the Charter Agreement between A. Kemp Fisheries, Inc. and Bumble Bee Samoa, Inc., a subsidiary of Castle & Cooke, Inc. We conclude that the court applied the parol evidence rule incorrectly and reverse its judgment.

BACKGROUND

A. Kemp Fisheries Inc. and Bumble Bee Samoa, Inc., a fully owned subsidiary of Castle...

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