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Sea-Land Service, Inc. v. Lozen International, LLC

United States Court of Appeals for the Ninth Circuit
285 F.3d 808 (9th Cir. 2002)


Sea-Land Service, Inc. (Sea-Land) (plaintiff) brought suit against Lozen International, LLC (Lozen) (defendant) for payment owned pursuant to a shipping contract. Lozen filed a counterclaim, asserting that Sea-Land had failed to deliver one of the shipments on time. As evidence, Lozen sought to introduce an email that had been forwarded to Lozen by Laurie Martinez, a Sea-Land employee. Specifically, Martinez had pasted into her email to Lozen the contents of an email originally written by Mike Jacques, who was also a Sea-Land employee. Martinez prefaced the email to Lozen with the statement: “Yikes, Pls note the rail screwed us up.” The district court excluded the email from evidence as hearsay. Lozen appealed.

Rule of Law

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Holding and Reasoning (Graber, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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