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CHANNEL STAR v. SO. PACIFIC TRANSP. CO.

No. 94-16648.

77 F.3d 1135 (1996)

CHANNEL STAR EXCURSIONS, INC., Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 14, 1996.

Attorney(s) appearing for the Case

James H. Vernon, San Ramon, California, for the plaintiff-appellant.

Michael L. Johnson, Southern Pacific Law Department, Rancho Cordova, California, and Cindy A. Gannon, Johnson, Mitchell & Gannon, Sacramento, California, for the defendant-appellee.

Before: WALLACE, Chief Judge, THOMPSON, Circuit Judge, and THOMPSON, District Judge.

WALLACE, Chief Judge:

Channel Star Excursions, Inc. (Channel Star) brought an action against Southern Pacific Transportation Co. (Southern Pacific) based on several theories of injury all relating to Southern Pacific's delay or failure to open its swingbridge. The district court dismissed the action for failure to state a claim. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We affirm.

I

Southern Pacific owns and...

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