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NISSAN FIRE & MARINE INS. CO. v. FRITZ COMPANIES

No. 98-16024.

210 F.3d 1099 (2000)

NISSAN FIRE & MARINE INSURANCE COMPANY, LTD; Hitachi Data Systems Corp., Plaintiffs-Appellants, v. FRITZ COMPANIES, INC.; Tower Air, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2000.

Attorney(s) appearing for the Case

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

Stephen L. Bucklin, Countryman & McDaniel, Los Angeles, California, for defendant-appellee Fritz Companies, Inc.

Frank A. Silane, Kevin R. Sutherland, and Scott D. Cunningham, Condon & Forsyth, Los Angeles, California, for defendant-appellee Tower Air, Inc.

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

W. FLETCHER, Circuit Judge:

Appellants Hitachi Data Systems Corp. ("Hitachi") and its insurer, Nissan Fire & Marine Insurance Co. Ltd. ("Nissan"), sued appellees Fritz Co., Inc. ("Fritz") and Tower Air, Inc. ("Tower") under the Warsaw Convention for recovery of damages arising out of the total loss of goods carried by Fritz and Tower. The district court granted summary judgment for Fritz and Tower, and Hitachi and Nissan appealed. For the reasons that follow,...

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