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United States Ninth Circuit


Mazda Motors of Am., Inc. v. M/V Cougar Ace, 07-35787

In an admiralty action for water damage to goods in transit, dismissal of the complaint for improper venue is affirmed, where a forum selection clause in the bill of lading at issue applied to Defendant-Vessel because the bill included a clause allowing anyone assisting in carrying the goods to benefit from contract provisions in favor of the carrier.

Appellate Information

  • Argued 03/05/2009
  • Decided 05/08/2009
  • Published 05/08/2009

Judges

  • FISHER, Circuit Judge:, Before:  SUSAN P. GRABER, RAYMOND C. FISHER and MILAN D. SMITH, JR., Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Charles S. Jordan and Michelle Buhler (argued), Danielson Harrigan Leyh & Tollefson LLP, Seattle, WA, for the plaintiffs-appellants.

  • For Appellees:
  • Herbert H. Ray, Jr., Phillip R. Lempriere (argued) and Catharine M. Morisset, Keesal, Young & Logan, Seattle, WA, for the defendant-appellee.
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