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FEDERAL INS. CO. v. AMERICAN EXPORT LINES

113 F.Supp. 540 (1953)

FEDERAL INS. CO. v. AMERICAN EXPORT LINES, Inc.

United States District Court S. D. New York.

June 26, 1953.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for libelant, Donald M. Waesche, Jr., New York City, of counsel.

Haight, Deming, Gardner, Poor & Havens, New York City, for respondent, James M. Estabrook, New York City, of counsel.

DIMOCK, District Judge.

Exceptions have been taken to the amended libel in this case on the ground that the action is time-barred by the Carriage of Goods by Sea Act, 46 U.S.C. § 1303(6), by the provisions of the bill of lading and by laches. The facts alleged in the libel are that libelant was the insurer of certain cargo on board the lighter Orestina, that on or about September 7, 1949, at the port of Leghorn, Italy, the lighter was alongside the S. S. Exford...

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