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NATIONAL PACKAGING CORPORATION v. NIPPON YUSEN KAISHA (N.Y.K. LINE)

No. C-71971.

354 F.Supp. 986 (1972)

NATIONAL PACKAGING CORPORATION, a corporation, Plaintiff, v. NIPPON YUSEN KAISHA (N.Y.K. LINE), a corporation, Defendant.

United States District Court, N. D. California.

September 15, 1972.

Attorney(s) appearing for the Case

Kent J. Clancy, of Derby, Cook, Quinby & Tweedt, San Francisco, Cal., for plaintiff.

Anthony Cary, of Lillick, McHose, Wheat, Adams & Charles, San Francisco, Cal., for defendant.

ORDER

WOLLENBERG, District Judge.

Plaintiff has moved that the Court strike defendant's second affirmative defense on the grounds that the word "delivery" as used in § 1303(6) of the Carriage of Goods by Sea Act (COGSA) 46 U.S.C. §§ 1300-1315 means actual physical transfer of goods from the carrier to the consignee. The meaning of the terms "delivery" and "proper delivery" are well established under the predecessor to COGSA, the Harter...

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