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READ-RITE CORP. v. BURLINGTON AIR EXPRESS, LTD.

No. 98-16962.

186 F.3d 1190 (1999)

READ-RITE CORPORATION and American Home Assurance Company, Plaintiffs-Appellants, v. BURLINGTON AIR EXPRESS, LTD.; Cargolux Airlines International, S.A., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 12, 1999.

As Amended on Denial of Rehearing and Rehearing September 27, 1999.

Attorney(s) appearing for the Case

David M. Salentine, San Francisco, California, for plaintiffs-appellants.

Michael W. Lodwick, Porter, Groff & Lodwick, Long Beach, California, for defendant-appellee Burlington Air Express.

Stephan E. Kyle (argued), and Ken M. Markowitz, Kenney & Markowitz, San Francisco, California, for defendant-appellee Cargolux Airlines International.

Before: THOMPSON and FLETCHER, Circuit Judges, and MOLLWAY, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc September 27, 1999.

FLETCHER, Circuit Judge:

The question in this case is whether, under federal common law applicable to carriage of goods by air, defendants have successfully limited their liability by contractual provisions in their air waybills.

Plaintiff Read-Rite Corp. ("Read-Rite") contracted with defendants Burlington Air Express Ltd. ("Burlington") and Cargolux Airlines International...

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