The Ninth Circuit Court of Appeals today released an opinion in CONTINENTAL INSURANCE v. FEDERAL EXPRESS, No. 03-57162, a federal appeal. The panel consisted of Procter Hug, Jr., Harry Pregerson, and Richard R. Clifton, Circuit Judges.
HUG, Circuit Judge:
This appeal is from a stipulated judgment for $109,023.24 in favor of Continental Insurance Company (”Continental”) for goods lost in shipment by Federal Express Corporation (”FedEx”). We have jurisdiction because the parties reserved the right to appeal the district court’s rulings on the applicability of the Original Warsaw Convention and its subsequent amending agreements, the Hague Protocol and the Montreal Protocol No. 4. I. BACKGROUND On March 31 and April 15, 1999, FedEx and Comet Electronics Co., Ltd., entered into a contract of carriage, whereby FedEx agreed to ship by air packages containing integrated circuits and memory modules from Hong Kong to Pasadena, . . .