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GALT G/S v. HAPAG-LLOYD AG

Nos. 93-16521, 93-16601.

60 F.3d 1370 (1995)

GALT G/S, Plaintiff, v. HAPAG-LLOYD AG; Can Transport Inc.; Crystal Ice & Cold Storage Co.; D & D Services, Defendants-third party-plaintiffs-Appellees, v. SAFEWAY STORES, INC., Third-party-defendant-Appellant. GALT G/S, Plaintiff, v. HAPAG-LLOYD AG; Can Transport Inc.; Crystal Ice & Cold Storage Co.; D & D Services; Europe-North America Services, Defendants-Appellants, v. SAFEWAY STORES, INC., Third-party-defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 21, 1995.

Opinion Withdrawn June 28, 1995.

Filed July 7, 1995.

Attorney(s) appearing for the Case

James Attridge, Hanson, Bridgett, Marcus, Vlahos & Rudy, San Francisco, CA, for third party defendant-appellant and cross-appellee, Safeway Stores, Inc.

Rupert P. Hansen, Graham & James, San Francisco, CA, for defendants, third-party plaintiffs, appellees and cross-appellants Hapag-Lloyd A.G., Europe-North America Services, Crystal Ice & Cold Storage Co., Can Transport Inc., and D & D Services, Inc.

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

BRUNETTI, Circuit Judge:

The district court awarded judgment to third-party plaintiff Hapag-Lloyd A.G. and against third-party defendant Safeway Stores after a nonjury trial of California law indemnification and subrogation claims. The third-party claims were ancillary to an admiralty cargo damage suit instituted by Galt G/S against Hapag-Lloyd. We reverse the judgment of the district court for lack of subject matter jurisdiction and remand for the district court...

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