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UNDERWOOD COTTON v. HYUNDAI MERCHANT MARINE

No. 01-55677.

288 F.3d 405 (2002)

UNDERWOOD COTTON COMPANY, INC., Plaintiff-Appellant, v. HYUNDAI MERCHANT MARINE (AMERICA), INC.; Hyundai Merchant Marine Co., Ltd., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2002.

Attorney(s) appearing for the Case

Kenneth F. Matteld, Los Angeles, California, (argued); Geoffrey W. Gill, Arter & Hadden, LLP, Los Angeles, CA, for the plaintiff-appellant.

David R. Woolley, Woolley & Russell, Long Beach, CA, for the defendants-appellees.

Before: FERNANDEZ and RAWLINSON, Circuit Judges, and REED, District Judge.

Opinion by Judge FERNANDEZ; Concurrence by Judge REED.

FERNANDEZ, Circuit Judge.

Underwood Cotton Company, Inc., brought this action against Hyundai Merchant Marine (America), Inc., and Hyundai Merchant Marine Co., Ltd. (collectively Hyundai). The district court granted Hyundai judgment on the pleadings1 on the basis that the Carriage of Goods by Sea Act (COGSA)2 applied and its provisions barred Underwood...

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