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MORI SEIKI USA, INC. v. M.V. ALLIGATOR TRIUMPH

No. 91-56430.

990 F.2d 444 (1993)

MORI SEIKI USA, INC., Plaintiff-Appellant, v. M.V. ALLIGATOR TRIUMPH, her engines, tackle, etc., in rem, Defendant, Mitsui O.S.K. Lines, Ltd.; Camellia Container Carrier, S.A. Panama; Trans Pacific Container Service Corporation, Marine Terminals Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 23, 1993.

Attorney(s) appearing for the Case

Paul Gary Sterling, Finan and Sterling, and William M. Duncan, Meadows, Smith, Lenker, Sterling & Davis, Long Beach, CA, for plaintiff-appellant.

Alan Nakazawa and B. Alexander Moghaddam, Williams, Woolley, Cogswell, Nakazawa & Russell, Long Beach, CA, Arthur A. Leonard, Sands, Narwitz, Forgie & Leonard, Los Angeles, CA, for defendants-appellees.

Before: HUG, SKOPIL, and O'SCANNLAIN, Circuit Judges.

HUG, Circuit Judge:

Appellant Mori Seiki USA, Inc. ("Mori Seiki") was the consignee of a precision lathe that was damaged while being transported from Nagoya, Japan to Houston, Texas. The lathe was damaged after it was unloaded from an ocean vessel at the Port of Los Angeles, but before it was released from the seaport. Mori Seiki filed suit in district court seeking damages from the ocean carrier (Mitsui O.S.K. Lines, Ltd...

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