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WESTHEMECO LTD v. NEW HAMPSHIRE INS. CO.

No. 77 Civ. 4179(IBC).

484 F.Supp. 1158 (1980)

WESTHEMECO LTD., Plaintiff, v. NEW HAMPSHIRE INSURANCE COMPANY and Florida East Coast Railway Company, Defendants and Third-Party Plaintiffs, v. ALBERT PIPE SUPPLY CO., Standard Pipe Protection Division — General Steel Industries, Inc., Tubeco, Inc. and Crippen Pipe Fabrication Co., Third-Party Defendants.

United States District Court, S. D. New York.

February 8, 1980.

Attorney(s) appearing for the Case

Feder, Barnett & Platt, New York City; Franklin D. Tell, New York City, of counsel for plaintiff.

Greenhill, Speyer & Thurn, New York City; Dennis M. Perlberg, New York City, of counsel for plaintiff.

Bleakley, Platt, Schmidt & Fritz, New York City, for defendants and third-party plaintiffs Florida East Coast Ry.; Hyman Hillenbrand, New York City, of counsel.

OPINION

IRVING BEN COOPER, District Judge.

Defendant and third-party plaintiff Florida East Coast Railway Company (Fla. Rwy.) moves for partial summary judgment against plaintiff Westhemeco Ltd. (Westhemeco) on the grounds that plaintiff failed to file timely written claims and commence this action within the limitations period prescribed by the Bill of Lading Contract of Carriage entered into by Westhemeco and Fla. Rwy.

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