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AMERICAN HOME ASSUR. v. AMERICAN PRESIDENT LINES

No. 93-16941.

44 F.3d 774 (1994)

AMERICAN HOME ASSURANCE COMPANY, Plaintiff-Appellee, v. AMERICAN PRESIDENT LINES, LTD., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 30, 1994.

Attorney(s) appearing for the Case

John D. Edgcomb and John R. Reese, McCutchen, Doyle, Brown & Enersen, San Francisco, CA, for defendant-appellant.

Andrew B. Downs and Marilyn Raia, Derby, Cook, Quinby & Tweedt, San Francisco, CA, for plaintiff-appellee.

Before: FARRIS, BOOCHEVER, and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

American Home Assurance Company (American Home) prevailed in a bench trial against American President Lines (APL) on its claim that cargo carried by APL arrived at its destination freeze damaged. In APL's appeal, we consider the amount of proof needed to negate a prima facie case under the Carriage of Goods by Sea Act, 46 U.S.C. § 1300 et seq., (COGSA), the requirements of proving a COGSA defense, and the evidence required...

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