MORAN TRANSPORTATION CORP. v. LEHIGH VALLEY R. CO.


126 F.Supp. 122 (1954)

MORAN TRANSPORTATION CORPORATION, Libellant, v. LEHIGH VALLEY RAILROAD COMPANY, Respondent, and Wm. Spencer & Son Corporation, Pittston Stevedoring Corporation and Compania Sud-Americana De Vapores, Respondents-Impleaded.

United States District Court S. D. New York.

December 3, 1954.


Attorney(s) appearing for the Case

Burlingham, Hupper & Kennedy, New York City, proctors for libellant. Benjamin E. Haller, New York City, of counsel.

Richard T. Graham, New York City, proctor for respondent-impleaded, Pittston Stevedoring Corp., Patrick J. Hughes, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, proctors for claimant-respondent, Compania Sud-Americana de Vapores.


McGOHEY, District Judge.

Compania Sud-Americana de Vapores moves to dismiss, on the grounds of laches, the original libel of Moran Transportation Corporation, as well as the petition of Pittston Stevedoring Corporation impleading the movant.

The original libel pleads an oral agreement, by which libellant was to demise and Lehigh Valley was to receive on charter a certain scow, the charterer agreeing that upon termination of the charter, the scow would be returned...

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