No. 88-6251.

877 F.2d 806 (1989)

GENETICS INTERNATIONAL, Plaintiff-Counter-defendant-Appellant, v. CORMORANT BULK CARRIERS, INC., Defendant-Counter-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1989.

Attorney(s) appearing for the Case

David E.R. Woolley, Williams, Woolley, Cogswell, Nakazawa & Russell, Long Beach, Cal., for plaintiff-counter-defendant-appellant.

Gregory W. Poulos, Graham & James, Long Beach, Cal., for defendant-counter-claimant-appellee.

Before POOLE, BEEZER and TROTT, Circuit Judges.

POOLE, Circuit Judge:

Genetics International (Genetics), a California corporation which exports wheatseed, appeals a district court order granting the shipper Cormorant Bulk Carriers, Inc. (Cormorant) summary judgment on its claim for unpaid freight.

This case stems from two shipments of wheatseed by Genetics from Port Hueneme, California to Damman, Saudi Arabia on board vessels owned by Cormorant. Genetics paid for the first shipment in full, but later alleged...

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