UNITED STATES v. S. S. MORMACTEAL


213 F.Supp. 149 (1962)

UNITED STATES of America, Libelant, v. S. S. MORMACTEAL, her engines, boilers, etc., and Moore-McCormack Lines, Inc., Respondent.

United States District Court S. D. New York.

July 2, 1962.


Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., for libelant, United States, by Louis E. Greco, Attorney-in-Charge Admiralty & Shipping Section, Dept. of Justice, of counsel.

Burlingham, Underwood, Barron, Wright & White, New York City, for respondent.


CROAKE, District Judge.

Libelant brings this motion for an order striking the exceptive allegations of respondent on the grounds that this libel is not barred by the applicable statute of limitations as incorporated in the bill of lading issued by the respondent. Libelant contends:

(1) That the commercial bill of lading issued by the respondent is deemed converted into a Government bill of lading, pursuant to 4 C.F.R. 52.19 and, therefore, the one-year time...

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