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LITHOTIP, CA v. S.S. GUARICO

No. 82 Civ. 3216 (MEL).

569 F.Supp. 837 (1983)

LITHOTIP, CA, Plaintiff, v. S.S. GUARICO, her engines, boilers, etc., Compania Anonima Venezolana de Navegacion, Defendants.

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

September 6, 1983.

Attorney(s) appearing for the Case

Donovan, Maloof, Walsh & Kennedy, New York City, for plaintiff; Judith A. Machmer, New York City, of counsel.

Giallorenzi & Campbell, New York City, for defendant Compania Anonima Venezolana de Navegacion; Edward A. Keane, New York City, of counsel.

LASKER, District Judge.

In this action for cargo damage and shortage, the carrier, Compania Anonima Venezolana de Navegacion ("Venline"), moves pursuant to Fed.R.Civ.Pr. 56 for summary judgment on the grounds that the action is time-barred. The shipper, Lithotip, CA ("Lithotip"), cross-moves for summary judgment, contending that the action is timely and that there are no genuine issues of fact with regard to the carrier's liability for the loss and damage to the subject...

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