Beloit Corporation Tokyo Marine & Fire Insurance Company v. Westwood Shipping Lines, in Personam M/v Westwood Jago, in Rem

42 F.3d 1398 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. BELOIT CORPORATION; Tokyo Marine & Fire Insurance Company, Plaintiffs-Appellees, v. WESTWOOD SHIPPING LINES, in personam; M/V WESTWOOD JAGO, in rem, Defendants-Appellants. No. 93-35469. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 15, 1994. Decided Dec. 1, 1994. Before: BROWNING and CANBY, Circuit Judges, and HUFF, * District Judge. MEMORANDUM ** The parties are familiar with the facts of this case and they will not be repeated here. This case comes to us after partial summary judgment by the district court dismissing Westwood's COGSA package liability-limitation defense. On appeal we are asked to consider two issues. First, did the district court err in concluding that the notice provision in the bill of lading was illegible? Second, may Westwood Shipping Lines invoke the $500.00 per package damage limitation of Sec. 4(5) of the Carriage of Goods by Sea Act ("COGSA") by showing…