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AMERICAN HOESCH, INC. v. STEAMSHIP AUBADE

Civ. A. No. 69-1044.

316 F.Supp. 1193 (1970)

AMERICAN HOESCH, INC. and Riblet Products, Inc., Plaintiffs, v. The STEAMSHIP AUBADE, her boilers, engines, tackle, apparel, and her furniture, and Maritime and Commercial Corp., Inc., Defendants.

United States District Court, D. South Carolina, Charleston Division.

September 11, 1970.

Attorney(s) appearing for the Case

Julian H. Toporek, Charleston, S. C., for plaintiffs.

B. Allston Moore, Jr., of Moore, Mouzon & McGee, Charleston, S. C., for defendants.

ORDER

HEMPHILL, District Judge.

Defendants move for summary judgment placing reliance on the time-for-suit provisions of 46 U.S.C. § 1303(6), which provides:

* * * In any event the carrier and the ship shall be discharged 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: Provided...

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