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TOHO BUSSAN KAISHA, LTD. v. AMERICAN PRESIDENT LINES

155 F.Supp. 886 (1957)

TOHO BUSSAN KAISHA, Limited, Plaintiff, v. AMERICAN PRESIDENT LINES, Limited, Defendant.

United States District Court S. D. New York.

June 24, 1957.

Attorney(s) appearing for the Case

Lazaar Henkin, and Cadwalader, Wickersham & Taft, all of New York City, Lazaar Henkin, Isaac C. Donner, John A. Sullivan, and Jerome Shelby, New York City, of counsel, for plaintiff.

Symmers, Fish, Warner & Nicol, New York City, William G. Symmers, and William Warner, New York City, of counsel, for defendant.

WALSH, District Judge.

This is an action to recover certain payments made under a letter of credit upon bills of lading knowingly predated by the defendant. Plaintiff moves for summary judgment. Defendant moves to dismiss the complaint as failing to state a claim for which relief can be granted and as time barred by the period of limitation fixed in the Carriage of Goods by Sea Act, 46 U.S.C.A. § 1303 (6). In the alternative, defendant also moves for summary...

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