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FEDERAL INS. CO. v. AMERICAN EXPORT LINES

109 F.Supp. 819 (1953)

FEDERAL INS. CO. v. AMERICAN EXPORT LINES, Inc.

United States District Court S. D. New York.

January 10, 1953.

Attorney(s) appearing for the Case

Bigham Englar, Jones & Houston, New York City (Donald M. Waesche, Jr., New York City, of counsel), for libelant.

Haight, Deming, Gardner, Poor & Havens, New York City (James M. Estabrook, New York City, of counsel), for respondent.

WEINFELD, District Judge.

Respondent excepts to the libel as time-barred by the Carriage of Goods by Sea Act, 46 U.S.C.A. § 1303(6), and the bill of lading covering the shipment, both of which provide for the discharge of the carrier and the ship from all liability "in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered". The delivery date of the goods was September...

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