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THE CHERCA

No. 147.

55 F.2d 926 (1932)

THE CHERCA. SCHNELL et al. v. NAVIGAZIONE LIBERA TRIESTINA S. A.

Circuit Court of Appeals, Second Circuit.

February 1, 1932.

Attorney(s) appearing for the Case

Loomis & Ruebush, of New York City (Homer L. Loomis, of New York City of counsel), for appellant.

Joffe & Joffe, of New York City (Louis Joffe, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

PER CURIAM.

The only question which it is necessary to consider is as to the notice of claim given by the libelant. The bill of lading contained the following clause: "Notice of any claim * * * must be given in writing by the consignee * * * within 48 hours after the landing of, or failure of the Carrier to deliver, said goods. When the goods are not delivered the time for giving notice shall commence from the date of departure from the port of destination." The cargo...

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