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MERINOS VIESCA Y COMPANIA v. PAN AMERICAN P. & TRANSPORT CO.

40 F.2d 928 (1930)

MERINOS VIESCA Y COMPANIA, Inc., v. PAN AMERICAN PETROLEUM & TRANSPORT CO. et al.

District Court, E. D. New York.

May 21, 1930

Attorney(s) appearing for the Case

Pleasants & Lowry, of New York City (Samuel A. Pleasants, of New York City, of counsel), for plaintiff.

Kellogg, Emery & Inness-Brown, of New York City (J. Fearon Brown and Dean Emery, both of New York City, of counsel), for defendants.

GALSTON, District Judge.

The defendants move to compel the plaintiff to reply to fourteen separate defenses, which may be grouped as follows:

The first four relate to statutes of limitation in New York, Vera Cruz, Delaware, and Maine; the fifth, sixth, and seventh set forth ratification; the eighth and ninth set up the defense of estoppel; the tenth and twelfth, res adjudicata (the twelfth defense relates to res adjudicata based on an alleged prior proceeding...

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