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FRANCOSTEEL v. N.V. NEDERLANDSCH AMERIKAANSCHE

Docket No. 23412.

249 Cal.App.2d 880 (1967)

57 Cal. Rptr. 867

FRANCOSTEEL CORPORATION, Plaintiff and Appellant, v. N.V. NEDERLANDSCH AMERIKAANSCHE, STOOMVART-MAATSCHAPPIJ, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

March 31, 1967.

Attorney(s) appearing for the Case

Stephen McReavy, Ellis J. Adler and Hall, Henry, Oliver & McReavy for Plaintiff and Appellant.

R. Frederic Fisher, Lillick, Geary, Wheat, Adams & Charles and Lillick, McHose, Wheat, Adams & Charles for Defendant and Respondent.

SIMS, J.

Plaintiff has appealed from a judgment dismissing its complaint following the sustaining of a demurrer thereto, without leave to amend, on the grounds that the action is barred by the one-year limitation contained in subsection (6) of section 3 of the United States Carriage of Goods by Sea Act. (Act., Apr. 16, 1936, § 3(6), 49 Stat. 1208, § 3(6), 46 U.S.C.A., § 1303(6).)

The allegations of the complaint are essentially as follows: that...

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