STATES STEAMSHIP CO. v. AMERICAN SMELTING & REFINING CO.

No. 19274.

339 F.2d 66 (1964)

STATES STEAMSHIP COMPANY et al., Appellant, v. AMERICAN SMELTING & REFINING COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

Certiorari Denied April 5, 1965.


Attorney(s) appearing for the Case

Gilbert C. Wheat, H. Donald Harris, Jr., Lillick, Geary, Wheat, Adams & Charles, San Francisco, Cal., for appellant.

Stephen McReavy, Lee H. Cliff, Hall, Henry, Oliver & McReavy, San Francisco, Cal., William G. Symmers, Symmers, Fish & Warner, New York City, for appellee.

Before ORR, JERTBERG and MERRILL, Circuit Judges.


Certiorari Denied April 5, 1965. See 85 S.Ct. 1109.

ORR, Circuit Judge.

In this appeal we have one question for decision, to wit: Is appellee's claim time-barred by the one-year limitation provision of Section 3(6) of the Carriage of Goods by Sea Act of 1936 (COGSA)? (46 U.S.C. § 1303(6)). We affirm the trial court in its determination that it is not.

Libelant-Appellee is the American Smelting and Refining Company (herein Asarco). The Respondent...

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