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TOYOMENKA, INC. v. TOKO KAIUN KABUSHIKI KAISHA

Civ. A. No. 70-H-1246.

342 F.Supp. 292 (1972)

TOYOMENKA, INC. v. TOKO KAIUN KABUSHIKI KAISHA.

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

April 12, 1972.

Attorney(s) appearing for the Case

R. M. Sharpe, Jr., McClure & Sharpe, Houston, Tex., for plaintiff.

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

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

Memorandum and Order:

SINGLETON, District Judge.

Plaintiff, Toyomenka, Inc., sued Toko Kaiun Kabushiki Kaisha (hereinafter Toko), as charterer and operator of the SS EGLE, for alleged damage to Toyomenka's shipment of steel pipe delivered to Houston on or about December 3, 1968. There was a bill of lading for the cargo issued by Toko to Toyomenka wherein Clause 1(a) of the bill of lading is subject to the Cogsa one year statute of limitations through...

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