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NISSAN FIRE & MARINE v. M/V HYUNDAI

Nos. 95-15092, 95-15094.

93 F.3d 641 (1996)

NISSAN FIRE & MARINE INSURANCE COMPANY, LTD.; Taiko Bussan Kaisha, Ltd., Plaintiffs-Appellees, v. M/V HYUNDAI EXPLORER, her engines and appurtenances, etc.; Hyundai Merchant Marine Company, Ltd., Defendants-Appellants. FIREMAN'S FUND INSURANCE COMPANIES, a corporation; American Home Assurance Co., a corporation, Plaintiffs-Appellees, v. M/V HYUNDAI EXPLORER, her engines, tackle, machinery, etc.; Hyundai Merchant Marine Company, Ltd., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1996.

Attorney(s) appearing for the Case

Eric Danoff, Graham & James, San Francisco, California, for defendants-appellants.

Marilyn Raia, Derby, Cook, Quinby & Tweedt, San Francisco, California; David Danielson, Danielson, Harrigan & Tollefson, Seattle, Washington, for plaintiffs-appellees.

Before: HUG, Chief Judge, D.W. NELSON and FERNANDEZ, Circuit Judges.

D.W. NELSON, Circuit Judge.

I.

INTRODUCTION

This case arises out of an engine room fire aboard the M/V HYUNDAI EXPLORER (the "Vessel"), a Korean flag container cargo ship, on or about January 2, 1992. Defendant-appellant Hyundai Merchant Marine Co., Ltd. ("HMM"), the bareboat charterer1 and operator of the Vessel when she experienced the fire, appeals the district court's grant of summary judgment for...

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