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CONTINENTAL INS. v. FEDERAL EXPRESS CORP.

Nos. 03-57162, 03-57214.

454 F.3d 951 (2006)

CONTINENTAL INSURANCE COMPANY, a corporation, Plaintiff-Appellee, v. FEDERAL EXPRESS CORPORATION, a corporation, Defendant-Appellant. Continental Insurance Company, a corporation, Plaintiff-Appellant, v. Federal Express Corporation, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 29, 2006.

Attorney(s) appearing for the Case

Robert J. Taitz, argued, and David R. Shane, Shane & Taitz, Greenbrae, CA, for the defendant-appellant/appellee.

Timothy R. Lord, Bernadette M. Chala, argued, Lewis Brisbois Bisgaard & Smith, LLP, Costa Mesa, CA, for the plaintiff-appellee/appellant.

Before HUG, PREGERSON, and CLIFTON, Circuit Judges.

HUG, Circuit Judge.

This appeal is from a stipulated judgment for $109,023.24 in favor of Continental Insurance Company ("Continental") for goods lost in shipment by Federal Express Corporation ("FedEx"). We have jurisdiction because the parties reserved the right to appeal the district court's rulings on the applicability of the Original Warsaw Convention and its subsequent amending agreements, the Hague Protocol and the Montreal Protocol No. 4.

I. BACKGROUND...

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