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EASTERN TRADING CO. v. STATES MARINE CORP. OF DELAWARE

171 F.Supp. 200 (1959)

EASTERN TRADING CO., Ltd., Plaintiff, v. STATES MARINE CORPORATION OF DELAWARE and States Marine Corporation, Defendants.

United States District Court S. D. New York.

March 17, 1959.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for plaintiff, F. Herbert Prem, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for defendants, L. deGrove Potter, James J. Higgins, New York City, of counsel.

DAWSON, District Judge.

This is a motion by defendants for summary judgment under Rule 56 and to dismiss the complaint under Rule 12 F. R.Civ.P. 28 U.S.C.A. on the ground that the original action is time-barred; and a cross-motion by plaintiff for summary judgment. The basic action is for recovery of a sum of money representing the value of certain vehicles which plaintiff alleges were misdelivered by defendants.

It is alleged in the complaint that on or about...

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