FRANCOSTEEL CORPORATION v. S. S. TIEN CHEUNG

No. 71 Civ. 5472.

375 F.Supp. 794 (1973)

FRANCOSTEEL CORPORATION, Plaintiff, v. S. S. TIEN CHEUNG, her engines, boilers, etc., and Tien Cheung Navigation Co., Ltd., Defendants. TIEN CHEUNG NAVIGATION CO., LTD., Third-Party Plaintiff, v. RETLA STEAMSHIP CO., Third-Party Defendant.

United States District Court, S. D. New York.

September 18, 1973.


Attorney(s) appearing for the Case

Vincent J. Barra, New York City (Dougherty, Ryan, Mahoney, Pellegrino & Giuffra, New York City, of counsel), for defendant and third-party plaintiff.

Edward J. McMurrer, New York City (Mendes & Mount, New York City, of counsel), for third-party defendant.


MEMORANDUM

CANNELLA, District Judge.

The third-party defendant, Retla Steamship Co. (hereinafter referred to as "Retla"), moves for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, asserting that the claim interposed against it is time-barred. The motion is denied.

The issue raised by the instant motion is whether the one year statute of limitations contained in the Carriage of Goods by Sea Act [COGSA], 46 U.S.C. 1303...

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