HUGO STINNES STEEL AND METALS CO. v. OLDENDORFF

Civ. A. No. 3226.

372 F.Supp. 705 (1974)

HUGO STINNES STEEL AND METALS COMPANY (DIVISION OF HUGO STINNES CORPORATION), Plaintiff, v. Egon OLDENDORFF and Atlantic Shipping Company, S.A., Defendants.

United States District Court, S. D. Georgia, Savannah Division.

March 14, 1974.


Attorney(s) appearing for the Case

Fred S. Clark, Lee & Clark, Savannah, Ga., for plaintiff.

Gustave R. Dubus, III, Chamlee, Dubus & Sipple, Savannah, Ga., for defendants.


SECOND ORDER OF DISMISSAL

LAWRENCE, Chief Judge.

This is an action for damage to goods during ocean transit. It was filed nearly three years after delivery of the cargo at Savannah. Is the suit barred by the one-year period for commencing suit prescribed by the Carriage of Goods by Sea Act where an action between the same parties for such damage is pending in the District Court for the Southern District of New York, timely brought but never served, in which...

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