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INSURANCE CO. OF NA v. NNR AIRCARGO SERVICE

No. 98-55280.

201 F.3d 1111 (2000)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellant, v. NNR AIRCARGO SERVICE (USA), INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 4, 2000.

Attorney(s) appearing for the Case

Howard L. Jacobs, Sands Narwitz Forgie Leonard & Lerner, Los Angeles, California, for the plaintiff-appellant.

Therese G. Groff (argued), Michael W. Lodwick (on the brief), Porter, Groff & Lodwick, Long Beach, California, for the defendant-appellee.

Before: FLETCHER, D.W. NELSON, and BRUNETTI, Circuit Judges.

D.W. NELSON, Circuit Judge:

Insurance Company of North America (INA), in its effort to recover for the loss of $257,285.34 in stolen golf balls, appeals the district court's summary judgment order limiting the liability of NNR Aircargo Service (NNR) to $50. INA makes five arguments: (1) invoices are not contracts and there was no course of dealing sufficient to infer the parties' common understanding of the agreement; (2) there was uncertainty with respect to the...

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