¶1dissenting.
¶2I read Moore’s complaint differently, which leads me to a different result from the majority. I believe the complaint also alleges a failure to deliver Moore’s goods in Hilo, as the parties agreed. As the agreement is reflected in a bill of lading for carriage of goods by sea, I would say that maritime jurisdiction exists. 28 U.S.C. § 1333. I agree with the district court’s substantive analysis. Accordingly, I would affirm.