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J. ARON & COMPANY, INC. v. S/S OLGA JACOB

No. 75-3575. Summary Calendar.

527 F.2d 416 (1976)

J. ARON & COMPANY, INC., Plaintiff-Appellant, v. S/S OLGA JACOB, her engines, tackle, etc., in rem, Defendant, Sterling Navigation Co., Ltd., in personam, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 18, 1976.

Attorney(s) appearing for the Case

Robert Wiegand, II, Brunswick Deutsch, New Orleans, La., for plaintiff-appellant.

James L. Schupp, Jr., New Orleans, La., for defendant-appellee.

Before BROWN, Chief Judge, GODBOLD and GEE, Circuit Judges.

PER CURIAM:

Here there was an agreement to extend the time within which to file suit as provided by COGSA, 46 U.S.C. § 1303(6). The agreement expired on Sunday. The District Court held that filing of suit on the following day, Monday, was not timely. We reach the contrary conclusion and reverse.

The District Court considered inapplicable the common law rule that when an act is to be performed within a given number...

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