Polar Shipping Limited v. Oriental Shipping Corporation

680 F.2d 627 63 A.L.R.Fed. 624 POLAR SHIPPING LIMITED, Plaintiff-Appellant, v. ORIENTAL SHIPPING CORPORATION; Taiwan Marine Corporation; Sanko Steamship Company, Limited, Defendants-Appellees, and Pacific Resources, Inc.; Pacific Resources Terminals, Inc.; Hawaiian Independent Refinery, Inc.; Shell International Petroleum Co., Ltd.; Shell Oil Company; and Pacific Resources, Ltd., Garnishees. No. 79-4485. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 14, 1981. Reassigned April 7, 1982. Decided June 30, 1982. Raymond A. Connell, Healy & Baillie, New York City, argued, for plaintiff-appellant; David W. Proudfoot, Bruce Bigelow, Case, Kay & Lynch, Honolulu, Hawaii, on brief. Sheldon A. Vogel, Thacher, Proffitt & Wood, New York City, argued, for defendants-appellees; George W. Ashford, Jr., Honolulu, Hawaii, on brief. Appeal from the United States District Court for the District of Hawaii. Before DUNIWAY and ALARCON, Circuit Judges, and BYRNE, * District Judge. DUNIWAY, Circuit Judge: 1 I. The Facts. 2 On January 15, 1970, Polar Shipping Limited ("Polar"), as owner, and Oriental Shipping Corporation, as charterer, entered into a charter of the…