Phoenix Engineering & Supply, Inc. v. American President Lines, Ltd.

12 F.3d 1108 1994 A.M.C. 1216 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. PHOENIX ENGINEERING & SUPPLY, INC., Plaintiff-Appellant, v. AMERICAN PRESIDENT LINES, LTD., et al., Defendant-Appellee. No. 92-15829. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1993. Decided Dec. 8, 1993. Before: HUG, FARRIS, and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Appellant Phoenix Engineering & Supply, Inc. ("Phoenix") appeals the district court's grant of partial summary judgment in favor of appellees American President Lines, Ltd. ("APL") and Eagle Marine Services, Ltd. We review grants of summary judgment de novo. Jones v. Union Pacific R.R., 968 F.2d 937, 940 (9th Cir.1992). 3 At oral argument, counsel for Phoenix conceded Phoenix's claims with respect to the specific form of APL's bill of lading. 4 Turning to Phoenix's claims as to notice and fair opportunity to opt out of APL-imposed liability limitations, we hold that the district court did…