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Albingia Versicherungs A.G., a Foreign Corporation Siemens Components Pte. Ltd., a Foreign Corporation v. Schenker International Inc., a Corporation
Citations: 350 F.3d 916; 2003 Daily Journal DAR 13089; 2003 Cal. Daily Op. Serv. 10366; 2003 U.S. App. LEXIS 24307; 2003 WL 22852531Docket: 01-16558
Court: Court of Appeals for the Ninth Circuit; December 3, 2003; Federal Appellate Court
The Ninth Circuit Court of Appeals addressed the appeal of Albingia Versicherungs A.G. and Siemens Components Pte. Ltd. against Schenker International Inc. The court amended its prior opinion from September 15, 2003, regarding the settlement and procedural aspects of the case. Key amendments include: 1. **Stipulated Facts**: The parties stipulated to facts indicating that Schenker employees likely stole the chips from Schenker's warehouse. 2. **Summary Adjudication**: Schenker sought summary adjudication on the applicability of the Warsaw Convention and the associated monetary limits in the waybill. Albingia did not argue for remand if the Warsaw Convention was deemed inapplicable. 3. **District Court Ruling**: The district court ruled that since the chips were stolen from Schenker's off-airport warehouse, the Warsaw Convention was not applicable, and the $20 per kilogram limitation was valid under federal common law. The court denied the petition for rehearing en banc, with Judges Kleinfeld and Rawlinson voting against it, and Judge Quackenbush recommending denial. No further rehearing petitions will be entertained.