HITACHI DATA SYSTEMS v. UNITED PARCEL SERVICE

No. 94-15292.

76 F.3d 276 (1996)

HITACHI DATA SYSTEMS CORP., Plaintiff-Appellant, v. UNITED PARCEL SERVICE, INC.; Columbia Shipping, Inc.; Circle Freight International; Avia Trading, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1996.


Attorney(s) appearing for the Case

David M. Salentine, San Francisco, California, for plaintiff-appellant.

Paul T. Friedman, Morrison & Foerster, San Francisco, California, and Russell P. Brown, Littler, Mendelson, Fastiff, Tichy & Mathiason, San Diego, California, for defendants-appellees.

David E. Russo, Law Offices of David Russo, San Francisco, California, for defendant-appellee Columbia Shipping, Inc.

Before: KOZINSKI and NOONAN, Circuit Judges, BREWSTER, District Judge.


BREWSTER, District Judge:

Hitachi arranged for the shipment of seven crates of computer equipment from California to the Netherlands, which were damaged when they fell off a dolly at Schiphol Airport in Amsterdam. Damage claims against air carriers are governed by the Warsaw Convention.1 See Convention for Unification of Certain Rules Relating to International Transportation by Air, Oct. 12, 1929, 49 Stat. 3000, T.S. No. 876,

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