Komatsu, Ltd. v. States Steamship Company

674 F.2d 806 KOMATSU, LTD., Komatsu America Corporation, and Nippon Fire & Marine Insurance Co., Ltd., Plaintiffs-Appellees, v. STATES STEAMSHIP COMPANY and American President Lines, Ltd., Defendants-Appellants. No. 80-3006. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 1981. Decided April 15, 1982. Michael H. Williamson, Madden & Poliak, Seattle, Wash., for defendants-appellants. David R. Millen, Seattle, Wash., argued, for plaintiffs-appellees; E. C. Biele, Bogle & Gates, Seattle, Wash., on brief. Appeal from the United States District Court for the Western District of Washington. Before WALLACE and TANG, Circuit Judges and STEPHENS, * District Judge. TANG, Circuit Judge: 1 This is an interlocutory appeal pursuant to 28 U.S.C. § 1292 (a)(3) from a partial summary judgment denying the appellants the benefit of the $500 per package liability limitation contained in section 4(5) of the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C. § 1304 (5) (1976). We affirm. 2 The facts are not in dispute. Komatsu, Ltd. contracted with States Steamship Company ("States") to ship a tractor aboard the S.S. COLORADO from Kobe, Japan to Seattle,…