REGAL-BELOIT CORP. v. KAWASAKI KISEN KAISHA LTD.

No. 06-56831.

557 F.3d 985 (2009)

REGAL-BELOIT CORPORATION; Victory Fireworks, Inc.; PICC Property & Casualty Company Limited Shanghai Branch; Royal Sun Alliance Insurance Co. Ltd., Plaintiffs-Appellants, v. KAWASAKI KISEN KAISHA LTD.; K-Line America, Inc.; Union Pacific Railroad Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 17, 2009.


Attorney(s) appearing for the Case

Dennis Cammarano, Law Offices of Dennis A. Cammarano, Long Beach, CA, for the plaintiffs-appellants.

Alan Nakazawa, Cogswell Nakazawa & Chang, LLP, Long Beach, CA, for the defendants-appellees Kawasaki Kisen Kaisha, Ltd. and K-Line America, Inc.

Leslie G. McMurray, Valley Village, CA, for the defendant-appellee, Union Pacific Railroad Company.

Before: STEPHEN TROTT, SIDNEY R. THOMAS and RAYMOND C. FISHER, Circuit Judges.


ORDER

The opinion filed February 4, 2009 is withdrawn.

OPINION

FISHER, Circuit Judge:

This case requires us to determine which federal statute governs "a maritime case about a train wreck," where the parties' agreement for carriage of goods from China into the United States by sea and then by rail included a Tokyo forum selection clause that would violate one federal law, but would be enforceable under another. See Norfolk S. Ry. Co...

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