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PPG IND., INC. v. ASHLAND OIL CO-THOMAS PETRO. TR. DIVISION

No. 75-1323.

527 F.2d 502 (1975)

PPG INDUSTRIES, INC., a Pennsylvania Corporation, Appellant, v. ASHLAND OIL COMPANY-THOMAS PETROLEUM TRANSIT DIVISION, a Kentucky Corporation, v. CANAL BARGE COMPANY, INC., et al.

United States Court of Appeals, Third Circuit.

Decided December 16, 1975.

Attorney(s) appearing for the Case

Joseph W. Conway, Balzarini, Walsh, Conway & Maurizi, John A. Pillar, Pittsburgh, Pa., for appellant.

Theodore O. Struk and James R. Miller, Dickie, McCamey & Chilcote, Pittsburgh, Pa., for appellee Ashland Oil.

Donald L. Very, Tucker Arensberg & Ferguson, Pittsburgh, Pa., Robert B. Acomb, Jr., Jones, Walker, Waechter, Pottevent, Carrerre & Denegre, New Orleans, La., for appellee Canal Barge.

Before HASTIE, VAN DUSEN and HUNTER, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal challenges the May 1, 1974, judgment entered on a directed verdict for defendants-appellees, Ashland Oil Company (Ashland) and Canal Barge Company (Canal), on the ground that plaintiff's claims for damages to goods in transit against defendants were barred by 46 U.S.C. § 1303(6) (1970), the one-year limitation period in the Carriage of Goods by Sea Act (COGSA), 46 U.S.C. § 1301 et seq...

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