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UNIVERSAL AMERICAN CORPORATION v. S. S. HOEGH DRAKE

No. 65 A.D. 1138.

264 F.Supp. 747 (1966)

UNIVERSAL AMERICAN CORPORATION and Precision Bearings India, Ltd., Libelants, v. S. S. HOEGH DRAKE, her engines, boilers, etc., Skibs A/S Arizona, Leif Hoegh & Co. and Hoegh Lines, Respondents.

United States District Court S. D. New York.

December 12, 1966.

Attorney(s) appearing for the Case

Hill, Rivkins, Warburton, McGowan & Carey, New York City, Joseph T. McGowan, Clare E. Walker, New York City, of counsel, for libelants.

Haight, Gardner, Poor & Havens, New York City, Wharton Poor, New York City, R. Glenn Bauer, New York City, of counsel, for respondents.

MEMORANDUM

TENNEY, District Judge.

Respondents, in accordance with the provisions of Admiralty Rule No. 58 of the United States Supreme Court, move to dismiss the libel on the ground that the claims alleged therein are time-barred under the provisions of the bills of lading and by the United States Carriage of Goods by Sea Act (49 Stat. 1208 (1936), 46 U.S.C. § 1303(b) (1964)) incorporated into said bills of lading. Suit is brought to recover damage...

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