Legal Opinion

Sunkist Growers, Inc. v. Adelaide Shipping Lines, Ltd., Claimant-Appellee, and Salen Reefer Services Ab, and M/v Gladiola

Court of Appeals for the Ninth Circuit

Decided April 19, 1979No. 76-3112PublishedCited by 27 opinions

1Opinion of the Court

KILKENNY, Circuit Judge:

This is an appeal in admiralty from a judgment dismissing appellant’s complaint in rem and in personam against appellees for cargo damage aboard the vessel GLADIOLA.

FACTS

The facts are not seriously in dispute. Appellant [Sunkist] is a California corporation engaged in packing and shipping citrus fruit. Claimant [Adelaide] is a corporation organized and existing under the laws of Great Britain and is the owner of the vessel GLADIOLA, a general cargo vessel of 11,-890 tons carrying capacity. Salen is a corporation organized and existing under the laws of the country of…

2Cases cited14 opinions

  1. Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
  2. Robert C. Herd & Co. v. Krawill MacHinery Corp.Supreme Court of the United States · 1959
  3. American Tobacco Co. v. The Katingo HadjipateraCourt of Appeals for the Second Circuit · 1952
  4. Earle & Stoddart, Inc. v. Ellerman's Wilson Line, Ltd.Supreme Court of the United States · 1932
  5. Waterman Steamship Corporation v. Gay Cottons, United States of America and Shalom Baby WearCourt of Appeals for the Ninth Circuit · 1969

9 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Z.K. Marine, Inc. v. M/V ArchigetisDistrict Court, S.D. Florida · 1992
  2. Eac Timberlane, Etc. v. Pisces, Ltd.Court of Appeals for the First Circuit · 1984
  3. North River Insurance Co. v. Fed Sea/Fed Pac LineCourt of Appeals for the Ninth Circuit · 1981
  4. Damodar Bulk Carriers, Ltd. v. Damodar TanabeCourt of Appeals for the Ninth Circuit · 1990
  5. Hasbro Industries, Inc. v. M/s "St. Constantine," v. A/s Garonne-Glittre, in Intervention-Appellees-CrossCourt of Appeals for the Ninth Circuit · 1983

22 more not listed; retrieve them via the Exa API.

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