Caterpillar, Inc., a Delaware Corporation v. Columbus Line, Inc., a Corporation the Atchison Topeka and Santa Fe Railway, a Delaware Corporation

Good Law
19 F.3d 26·1994 WL 59763·1994 U.S. App. LEXIS 11166
United States Court of Appeals for the Ninth CircuitFebruary 25, 199492-56371California1,112 words

Opinion

Opinion

19 F.3d 26 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. CATERPILLAR, INC., a Delaware corporation, Plaintiff-Appellant, v. COLUMBUS LINE, INC., a corporation; the Atchison Topeka and Santa Fe Railway, a Delaware corporation, Defendants-Appellees. No. 92-56371. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 3, 1994. Decided Feb. 25, 1994. Before: TANG, PREGERSON, and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 Caterpillar sued Columbus Line and the Atchison Topeka and Santa Fe Railway (Santa Fe), claiming cargo damage and negligence in connection with the carriage of two generators. The district court granted Columbus Line and Santa Fe's motion for summary judgment, and we affirm. ANALYSIS 3 I. Application of the Bills of Lading to Santa Fe's Inland Carriage 4 At the pretrial conference in this case, the parties stipulated as follows: "The bills of lading obligated Columbus Line to perform the ocean portion of the voyage and to procure the inland…

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