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UNITED FRUIT COMPANY v. J. A. FOLGER & COMPANY

No. 17669.

270 F.2d 666 (1959)

UNITED FRUIT COMPANY, Appellant, v. J. A. FOLGER & COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 17, 1959.

Attorney(s) appearing for the Case

Charles E. Dunbar, III, New Orleans, La., Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., of counsel, for appellant.

Joaquin Campoy, New Orleans, La., Deutsch, Kerrigan & Stiles, New Orleans, La., Brunswick G. Deutsch, New Orleans, La., of counsel, for appellee.

Before HUTCHESON, TUTTLE and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

The question for decision, although narrow, is of considerable importance to the shipping industry. We are asked to decide the effect of a carrier granting a shipper an extension of sixty days, within which to sue on a cargo claim, beyond the one-year limitation period provided in the Carriage of Goods By Sea Act.

The case was tried on a stipulation of facts. The district court held that the carrier had waived the statutory one-year...

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