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J. ARON & COMPANY v. THE ASKVIN

No. 278, Docket 25123.

267 F.2d 276 (1959)

J. ARON & COMPANY, Inc., Libellant-Appellant, v. THE ASKVIN, etc., and Rederi A/S Aladdin and Compania Colombiana de Navegacion Maritima, Ltda., Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided June 1, 1959.

Attorney(s) appearing for the Case

Kelly & Donovan, New York City, James J. Donovan, Jr., New York City, of counsel, for appellant.

Kirlin, Campbell & Keating, New York City, Edward L. Smith and James Proud, New York City, of counsel, for appellee.

Before SWAN, HINCKS, and MOORE, Circuit Judges.

PER CURIAM.

Judge Walsh's opinion is unofficially reported in 1958 A.M.C. 207. The cargo for which the libellant seeks recovery was damaged on November 7, 1953 after discharge onto the dock and while awaiting delivery. The libel was filed September 3, 1954, but no process was issued and no jurisdiction of respondent was obtained until answer was filed in August 1956. Clause 20 of the bill of lading requires suit to be "brought within one year after delivery of the...

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