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INSURANCE CO. OF NORTH AMERICA v. FEDERAL EXPRESS

No. 98-56309.

189 F.3d 914 (1999)

INSURANCE COMPANY OF NORTH AMERICA, a corporation; Zomaya Group, Inc., a corporation, Plaintiffs-Appellants, v. FEDERAL EXPRESS CORPORATION, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1999.

Attorney(s) appearing for the Case

Marsha L. Morrow (argued), John H. Quinn and Robert C. Chiles, Long & Levit, San Francisco, California, for the plaintiffs-appellants.

Patrick J. Keating (argued), Kaplan, Begy, & von Ohlen, Chicago, Illinois, David R. Shane (argued), Shane & Taitz, San Francisco, CA, for the defendant-appellee.

Before: O'SCANNLAIN, WARDLAW, and W. FLETCHER, Circuit Judges.

WARDLAW, Circuit Judge:

At approximately 11:00 p.m. on December 20, 1995, a shipment of computer memory modules disappeared from the storage area of the Memphis, Tennessee hub of the Federal Express Corporation ("Federal Express"). The intended recipient, Zomaya Group, Inc. ("Zomaya"), and its insurer, Insurance Company of North America,1 sued Federal Express for a loss of $745,000 in California Superior Court. After Federal Express removed...

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