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FOSTER v. CUNARD WHITE STAR

No. 348.

121 F.2d 12 (1941)

FOSTER v. CUNARD WHITE STAR, Limited.

Circuit Court of Appeals, Second Circuit.

July 7, 1941.

Attorney(s) appearing for the Case

Arthur O. Louis, of New York City (Haight, Griffin, Deming & Gardner, David L. Corbin, and Walter T. Hughes, Jr., all of New York City, on the brief), for plaintiff-appellant.

William J. Brennan, of New York City (Lord, Day & Lord and James S. Hemingway, all of New York City, on the brief), for defendant-appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

PER CURIAM.

The district court dismissed this passenger's action for injuries sustained on shipboard because it was brought 25 months after the event, notwithstanding a provision of the ticket limiting suits to a year. Plaintiff relies on The Kungsholm, 2 Cir., 86 F.2d 703, where the contract proper was in a box or blocked form on the left face of the ticket and the limiting condition, which was not upheld, appeared only on the back...

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