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MARUBENI-IIDA (A.), INC. v. TOKO KAIUN KABUSHIKI KAISHA

Civ. A. No. 69-H-1048.

327 F.Supp. 519 (1971)

MARUBENI-IIDA (AMERICA), INC. v. TOKO KAIUN KABUSHIKI KAISHA and The SS EGLE v. TEXPORTS STEVEDORE COMPANY, Inc.

United States District Court, S. D. Texas, Houston Division.

May 12, 1971.

Attorney(s) appearing for the Case

Thomas H. Leach, Leach, Grossel-Rossi & Paysse, New Orleans, La., for plaintiff.

J. E. Davey, Eikel & Davey, Houston, Tex., for defendant.

G. Byron Sims, Brown & Teed, Houston, Tex., for third-party defendant.

MEMORANDUM AND ORDER DENIAL OF MOTION FOR SUMMARY JUDGMENT

SINGLETON, District Judge.

On or about October 15, 1968, a cargo of ERW black steel line pipe, was loaded on board the S. S. Egle in Nogoya, Japan. This cargo pipe was shipped under Toko Kaiun Kabushiki Kaisha's (Toko) bills of lading. The cargo was delivered in Houston from the vessel on or about December 1, 1968. On May 26, 1969, which was within one year after the cargo was discharged,...

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