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ALBANY INS. CO. v. M.V. ISTRIAN EXP.

No. 93-17085.

61 F.3d 709 (1995)

ALBANY INSURANCE COMPANY, Plaintiff-Appellant, v. M.V. ISTRIAN EXPRESS, her engines, tackle, machinery, appurtenances, etc., in rem, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed June 22, 1995.

Decided July 25, 1995.

Attorney(s) appearing for the Case

G. Geoffrey Robb, Derby, Cook, Quinby & Tweedt, San Francisco, CA, for plaintiff-appellant.

Keith W. Heard, Burke & Parsons, New York City, for defendant-appellee.

Before: FLOYD R. GIBSON, HUG, and FERGUSON, Circuit Judges.

ORDER

The memorandum disposition filed June 22, 1995, is redesignated as an authored opinion by Judge Gibson.

OPINION

FLOYD R. GIBSON, Circuit Judge:

Albany Insurance Company appeals the district court's grant of summary judgment in favor of the M.V. Istrian Express in Albany's in rem action against the M.V. Istrian Express for damage to goods sustained in transport. We reverse.

The district court granted the M.V. Istrian...

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