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LYONS-MAGNUS, INC. v. AMERICAN-HAWAIIAN S. S. CO.

41 F.Supp. 575 (1941)

LYONS-MAGNUS, Inc., v. AMERICAN-HAWAIIAN S. S. CO. et al.

District Court, S. D. New York.

October 2, 1941.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston and Alfred Ogden, all of New York City, for libellant.

Kirlin, Campbell, Hickox, Keating & McGrann and Gerald J. Doyle, all of New York City, for respondent American-Hawaiian S. S. Co.

Haight, Griffin, Deming & Gardner, of New York City (Arthur O. Louis and Walter T. Hughes, Jr., both of New York City, of counsel), for respondent-impleaded, American Export Lines, Inc.

BRIGHT, District Judge.

The American Hawaiian Steamship Company, sued by the libellant for cargo damage, has filed a petition under the 56th Admiralty Rule, 28 U.S.C.A. following section 723, impleading the American Export Lines, Inc. To that petition, as well as to the libel, the American Export Lines has filed exceptions by which it seeks dismissal of both petition and libel, upon the ground that both were filed more than one year after the delivery by it of the...

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