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SCHIESS-FRORIEP CORP. v. S. S. FINNSAILOR

No. 694, Docket 77-7439.

574 F.2d 123 (1978)

SCHIESS-FRORIEP CORP., Plaintiff-Appellant, v. S. S. FINNSAILOR, her engines, boilers, etc., OY Finnlines Ltd., Merivienti, O/Y, Defendants, and Universal Terminal and Stevedoring Corp., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 7, 1978.

Attorney(s) appearing for the Case

John P. Conroy, New York City (McHugh, Heckman, Smith & Leonard, New York City, on brief), for plaintiff-appellant.

Celestino Tesoriero, New York City (Grainger & Tesoriero, New York City, on brief), for defendant-appellee.

Before ANDERSON, FEINBERG and TIMBERS, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

This is an appeal from the judgment granting defendant Universal Terminal and Stevedoring Corp.'s (Universal) motion for summary judgment and dismissing plaintiff Schiess-Froriep Corp.'s complaint, which alleged that a portion of a ship's cargo consigned to it had been damaged by Universal, on the ground that the action was barred by the time limitation contained in the bill of lading.

On November 6, 1973, the vessel S...

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