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THE MORMACMAR

No. 133-67.

75 F.Supp. 520 (1947)

THE MORMACMAR.

District Court, S. D. New York.

October 31, 1947.

Attorney(s) appearing for the Case

Hill, Rivkins & Middleton, of New York City (Arthur O. Louis, of New York City, of counsel), for libellant.

John F. X. McGohey, U. S. Atty., of New York City (William H. Lane, of New York City, of counsel), for respondents.

MEDINA, District Judge.

While it is established that, of the 75 bales of gunnies delivered at Calcutta on December 19, 1942, to S. S. Mormacmar, as common carrier, 41 bales were never delivered, in breach of the obligation to deliver the same, the first cause of action must nevertheless be dismissed because the action was not commenced within the time specified in the bill of lading.

Nor are the S. S. Mormacmar...

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