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DISTRIBUTION SERVICES, LTD. v. EDDIE PARKER INTERESTS, INC.

No. 89-1421.

897 F.2d 811 (1990)

DISTRIBUTION SERVICES, LTD., Plaintiff-Appellee, v. EDDIE PARKER INTERESTS, INC., d/b/a New Trends, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 6, 1990.

Attorney(s) appearing for the Case

W. Robert Gray, Ralph C. Perry-Miller, Perry-Miller, Hawkins, Beasley & Hume, Dallas, Tex., for defendant-appellant.

R. Joseph Decker, Decker & Bebereia, Long Beach, Cal., for plaintiff-appellee.

Before CLARK, Chief Judge, THORNBERRY, and JONES, Circuit Judges.

THORNBERRY, Circuit Judge:

This appeal involves a counterclaim for cargo damages brought by way of a recoupment, which the district court dismissed as barred by the statute of limitations in the Carriage of Goods by Sea Act (COGSA), 46 U.S.C.A.App. § 1303(6). Finding that such an action is permitted under COGSA, we reverse.

Facts And Procedural History

On September 29, 1986, Distribution Services Ltd. (DSL) sued Eddie Parker Interests...

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