Konica Business Machines v. The Vessel Sea-Land Consumer

47 F.3d 314 1995 A.M.C. 1065 KONICA BUSINESS MACHINES, Plaintiff-Appellee, v. The VESSEL SEA-LAND CONSUMER, Her Engines, Tackle, Apparel, Furniture, and Appurtenances, In Rem, Defendant, and Sea-Land Service, Inc., Claimant-Appellant. No. 93-55426. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 1, 1994. Memorandum filed Oct. 24, 1994. Order and Opinion filed Feb. 3, 1995. 1 Chester D. Hooper, Haight, Gardner, Poor & Havens, New York City, for claimant-appellant. 2 Michael W. Lodwick, Fisher & Porter, Long Beach, CA, for plaintiff-appellee. 3 Appeal from the United States District Court for the Central District of California. 4 Before: NELSON and NOONAN, Circuit Judges, and KING, * District Judge. ORDER 5 The memorandum filed on October 24, 1994 is redesignated as an authored opinion. OPINION KING, Senior District Judge: 6 Sea-Land Service, Inc. ("Sea-Land") appeals the district court's grant of summary judgment in favor of Konica Business Machines ("Konica") in Konica's admiralty action pursuant to 28 U.S.C. Sec. 1333 to recover damages for cargo lost overboard by the vessel Sea-Land Consumer during a voyage from Yokohama, Japan to Long Beach,…