Summary
affirming the trial court for reasons stated in opinion below, 493 F. Supp. 125 (N.D.Cal. 1980)
Summary of this case from Nemeth v. General Steamship Corp.Opinion
No. 80-4428.
Argued and Submitted January 11, 1982.
Decided June 3, 1982. Rehearing Denied July 22, 1982. Rehearing Denied August 18, 1982.
Francis L. Tetreault, Graham James. San Francisco, Cal., for defendant-appellant.
John E. Droeger, Hall, Henry, Oliver McReavy, San Francisco, Cal., for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of California; William W Schwarzer, District Judge.
Before BROWNING, Chief Judge; SKOPIL and NORRIS, Circuit Judges.
ORDER
For the reasons stated in the opinion of the district court, American Far Eastern Trading Company v. Sea-Land Service, Inc., 493 F. Supp. 125 (N.D.Cal. 1980), the judgment is affirmed.
ORDER
Appellant's petition for rehearing is denied. We decline appellant's suggestion that we reconsider Judge Schwarzer's decision in light of Allied Eagle Trading Corp. v. S. S. Yang Ming, 672 F.2d 1055 (2d Cir. 1982). There, the Second Circuit relied primarily upon a contract analysis in dealing with an unambiguous bill of lading; here, there was a course of dealing and a somewhat ambiguous bill of lading. Given the facts of this case, Judge Schwarzer correctly relied, in part, upon a notice analysis.