Legal Opinion
Bergerco, U.S.A. v. The Shipping Corporation of India, Limited
Court of Appeals for the Ninth Circuit
Decided February 26, 1990No. 86-2339PublishedCited by 20 opinions
1Opinion of the Court
POOLE, Circuit Judge:
Bergerco, USA (Bergerco), an agricultural commodities broker, sued The Shipping Corporation of India, Limited (SCI), for breach of a contract for the shipment of goods. After a one day bench trial, the district court held that defendant had breached the contract by delaying shipment, but limited plaintiff’s recovery to the diminution in the value of the goods caused by the delay. When Bergerco was unable to prove any diminution in value, the court entered judgment for SCI. The court reporter subsequently lost his notes of trial, and Bergerco attempted to reconstruct the…
2Cases cited20 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- United States v. Arthur Louis Gillis, A/K/A Louis Gillis, A/K/A Louis ArthurCourt of Appeals for the Fourth Circuit · 1985
- Messenger v. International Union of Operating Engineers, Local 4Supreme Court of the United States · 1972
- Merritt-Chapman & Scott Corp. v. United StatesSupreme Court of the United States · 1967
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3Cited by20 opinions
- Vijendra K. Singh v HolderCourt of Appeals for the Ninth Circuit · 2011
- People v. HawthorneCalifornia Supreme Court · 1992
- United States v. CaramadreCourt of Appeals for the First Circuit · 2015
- Reginald Roberts v. Risa FermanCourt of Appeals for the Third Circuit · 2016
- Bradley v. Hazard Technology Co.Court of Appeals of Maryland · 1995
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