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IMPERIAL NEWS CO., INC. v. P-I-E NATIONWIDE, INC.

No. 1298, Docket 90-7128.

905 F.2d 641 (1990)

IMPERIAL NEWS CO., INC., Plaintiff-Appellant, v. P-I-E NATIONWIDE, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 5, 1990.

Attorney(s) appearing for the Case

Saul R. Fenchel, Garden City, N.Y. (Karen Strom Owens, Siegel Fenchel & Peddy, Garden City, N.Y., of counsel), for plaintiff-appellant.

Francis R. Matera, New York City (Crowell Rouse & Matera, New York City, of counsel), for defendant-appellee.

Before LUMBARD, FEINBERG and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This case involves a failure to deliver a return shipment of unsold books to a publisher. At issue is a bill of lading that required the shipper to make a claim for a failure to deliver the goods "within nine months after a reasonable time for delivery has elapsed." Because the shipper filed its claim some thirteen months after shipment, we affirm the grant of summary judgment for appellee.

BACKGROUND

Plaintiff-appellant Imperial...

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