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C-ART, LTD. v. HONG KONG ISLANDS LINE AMERICA, S.A.

No. 89-56090.

940 F.2d 530 (1991)

C-ART, LTD., Plaintiff-Appellee, v. HONG KONG ISLANDS LINE AMERICA, S.A., Defendant-Appellant, and Precious Shipping Company, S.A.; Hong Kong Treasure Shipping Company, S.A.; New Pioneer Shipping Company, S.A.; Hong Kong America Shipping Company, S.A., et al., Defendants.

United States Court of Appeals, Ninth Circuit.

Decided August 5, 1991.

Attorney(s) appearing for the Case

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

Jerry S. Phillips, Friedman & Phillips, Los Angeles, Cal., for plaintiff-appellee.

Before HUG, CANBY and WIGGINS, Circuit Judges.

HUG, Circuit Judge:

I.

This case involves a shipment of goods by an ocean carrier from Hong Kong to California. C-ART, Ltd. ("C-ART"), an exporter of goods based in Hong Kong, had a contract with the New York Merchandising Company ("NYMCO"), a New York importing company, for the purchase of goods from manufacturers in Hong Kong. The goods were shipped by Hong Kong Islands Line America, S.A. ("HKIL"), an ocean carrier, from Hong Kong to California.

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