C-Art, Ltd. v. Hong Kong Islands Line America, S.A.

940 F.2d 530 1991 A.M.C. 2888 C-ART, LTD., Plaintiff-Appellee, v. HONG KONG ISLANDS LINE AMERICA, S.A., Defendant-Appellant, and Precious Shipping Company, S.A.; Hong Kong Treasure Shipping Company, S.A.; New Pioneer Shipping Company, S.A.; Hong Kong America Shipping Company, S.A., et al., Defendants. No. 89-56090. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 9, 1990. Decided Aug. 5, 1991. David E.R. Woolley, Williams, Woolley, Cogswell, Nakazawa & Russell, Long Beach, Cal., for defendant-appellant. Jerry S. Phillips, Friedman & Phillips, Los Angeles, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Central District of California. Before HUG, CANBY and WIGGINS, Circuit Judges. HUG, Circuit Judge: I. 1 This case involves a shipment of goods by an ocean carrier from Hong Kong to California. C-ART, Ltd. ("C-ART"), an exporter of goods based in Hong Kong, had a contract with the New York Merchandising Company ("NYMCO"), a New York importing company, for the purchase of goods from manufacturers in Hong Kong. The goods were shipped by Hong Kong Islands Line America, S.A. ("HKIL"), an ocean carrier, from Hong Kong to…