Genetics International, Plaintiff-Counter-Defendant-Appellant v. Cormorant Bulk Carriers, Inc., Defendant-Counter-Claimant-Appellee

POOLE, Circuit Judge:

Genetics International (Genetics), a California corporation which exports wheat-seed, appeals a district court order granting the shipper Cormorant Bulk Carriers, Inc. (Cormorant) summary judgment on its claim for unpaid freight.

This case stems from two shipments of wheatseed by Genetics from Port Huen-eme, California to Damman, Saudi Arabia on board vessels owned by Cormorant. Genetics paid for the first shipment in full, but later alleged that the cargo had been damaged by negligent handling. Soon after paying for the first shipment, Genetics contracted with Cormorant…