International Marine Underwriters v. Hapag-Lloyd (America) Inc.

17 F.3d 394 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. INTERNATIONAL MARINE UNDERWRITERS, et al. Plaintiffs-Appellees, v. HAPAG-LLOYD (AMERICA) INC., et al. Defendants-Appellants. No. 92-36532. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 6, 1994. Decided Feb. 17, 1994. 1 Before: POOLE and TROTT, Circuit Judges, and KING, ** District Judge. 2 MEMORANDUM * 3 Hapag-Lloyd (America) Inc. appeals the district court's judgment, following a bench trial, in favor of International Marine Underwriters (the insurer) and Holland America Bulb Farms, Inc. (the consignee) concerning the shipment of iris flower bulbs shipped from Rotterdam to Seattle in a sealed refrigerator container aboard Hapag-Lloyd's vessel the INCOTRANS PACIFIC. The Underwriters brought an action for negligence and breach of the contract of carriage under the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C. Secs. 1300-1315 . We affirm. I. 4 The Shipper's Prima Facie Case Under…