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YANG MACHINE TOOL CO. v. SEA-LAND SERVICE, INC.

No. 93-17311.

58 F.3d 1350 (1995)

YANG MACHINE TOOL CO., Plaintiff-Appellee, v. SEA-LAND SERVICE, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Withdrawn from submission December 20, 1994.

Resubmitted March 16, 1995.

Memorandum Filed March 20, 1995.

Order and Opinion Filed June 30, 1995.

Attorney(s) appearing for the Case

James J. Tamulski, Kaye, Rose, Tamulski & Maltzman, San Francisco, CA, for defendant-appellant.

Robert C. Chiles, Long & Levit, San Francisco, CA, for plaintiff-appellee.

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

ORDER

The memorandum disposition filed March 20, 1995, is redesignated as an authored opinion by Judge Boochever.

OPINION

BOOCHEVER, Circuit Judge:

Yang Machine Tool Company ("Yang Machine") contracted with Sea-Land Service, Inc. ("Sea-Land") to transport two cases of oversized cargo from China to California. The cargo was damaged while being restowed onto a substitute vessel in Japan, and Yang Machine sued for recovery of damages. The...

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