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BERGERCO, U.S.A. v. SHIPPING CORP. OF INDIA, LTD.

No. 86-2339.

896 F.2d 1210 (1990)

BERGERCO, U.S.A., Plaintiff-Appellant, v. The SHIPPING CORPORATION OF INDIA, LIMITED, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 26, 1990.

Attorney(s) appearing for the Case

David C. Phillips, Goldstein & Phillips, San Francisco, Cal., B.E. Bergesen III, Berkeley, Cal., for plaintiff-appellant.

D. Thomas McCune, Lillick and Charles, San Francisco, Cal., for defendant-appellee.

Before POOLE, REINHARDT and O'SCANNLAIN, Circuit Judges.

POOLE, Circuit Judge:

Bergerco, USA (Bergerco), an agricultural commodities broker, sued The Shipping Corporation of India, Limited (SCI), for breach of a contract for the shipment of goods. After a one day bench trial, the district court held that defendant had breached the contract by delaying shipment, but limited plaintiff's recovery to the diminution in the value of the goods caused by the delay. When Bergerco was unable to prove any diminution in value, the...

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