Nmb Technologies, Inc., a California Corporation v. Microtek, Inc., and Emery Air Freight Corporation, Nmb Technologies, Inc., a California Corporation, Plaintiff-Counter-Defendant-Appellant v. Microtek, Inc. Emery Air Freight Corporation, Defendants-Counter-Claimants-Appellees
Opinion
Opinion
963 F.2d 379 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NMB TECHNOLOGIES, INC., a California corporation, v. MICROTEK, INC., Defendant, and Emery Air Freight Corporation, Defendant-Appellant. NMB TECHNOLOGIES, INC., a California corporation, Plaintiff-counter-defendant-Appellant, v. MICROTEK, INC.; Emery Air Freight Corporation, Defendants-counter-claimants-Appellees. Nos. 91-55027, 91-55251. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 4, 1991. Decided May 14, 1992. Before PREGERSON, CANBY and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Emery Air Freight appeals a judgment of $304,354.60 in favor of NMB Technology, Inc., for breach of a contract of carriage. We affirm that judgment. NMB appeals from an order denying attorney's fees. We reverse that ruling. 3 Contrary to Emery's assertions, the parties contracted for collection of the entire amount stated on the air waybills. Because Emery failed to provide NMB with a copy of its Service Guide,…