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AXESS INTERN., LTD. v. INTERCARGO INS. CO.

No. 98-35133.

183 F.3d 935 (1999)

AXESS INTERNATIONAL, LTD. Plaintiff-Appellee, v. INTERCARGO INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 1999.

Attorney(s) appearing for the Case

Stephen L. Bucklin, Countryman & McDaniel, Los Angeles, California, for the defendant-appellant.

Robert J. Bocko, Keesal, Young & Logan, Seattle, Washington, for the plaintiff-appellee.

Before: Thomas M. Reavley, Arthur L. Alarcon and M. Margaret McKeown, Circuit Judges.

ALARCON, Circuit Judge:

Intercargo Insurance Company ("Intercargo") appeals from the district court's grant of summary judgment in favor of Axess International, Ltd. ("Axess"). Intercargo issued a $50,000 surety bond to Max Bright Services, Ltd. ("Max Bright"), a non-vessel-operating common carrier which breached its contract with Axess to transport goods from Hong Kong to Long Beach, California. Intercargo contends that it is not liable on the bond because (1) Axess...

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