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Nissan Fire & Marine Insurance Co. v. Fritz Companies, Inc.

United States Court of Appeals for the Ninth Circuit
210 F.3d 1099 (2000)


Hitachi Data Systems Corp. (plaintiff) hired Fritz Companies, Inc. (defendant), to ship a large disk drive from Miami to Argentina. Fritz hired Tower Air Inc. (Tower) (defendant), to transport the disk drive by plane. The disk drive was damaged when it arrived in Argentina. Hitachi brought suit against Fritz and Tower. Under the shipping contracts, to recover for damages incurred during a shipment, the aggrieved party must dispatch a written complaint within seven days. Fritz and Tower each moved for summary judgment, claiming that they did not receive notice of the damage within seven days. Fritz filed an affidavit stating that it did not receive notice within seven days. As to Tower, Hitachi filed an affidavit stating that it had dispatched notice to Tower’s agent, Laser Cargo, S.A. Tower filed an affidavit stating that it did not receive notice within seven days and that Laser Cargo had never served as Tower’s agent. The district court granted Fritz and Tower summary judgment. Hitachi appealed.

Rule of Law


Holding and Reasoning (Fletcher, J.)

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