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DOXSEE SEA CLAM CO., INC. v. BROWN

No. 422, Docket 93-7525.

13 F.3d 550 (1994)

DOXSEE SEA CLAM CO., INC., Plaintiff-Appellant, v. Christian BROWN, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 3, 1994.

Attorney(s) appearing for the Case

John Ingram, New York City (Lisa A. Scognamillo, Burlingham Underwood, New York City, of counsel) for plaintiff-appellant.

Paul C. Matthews, New York City (L. Kevin Sheridan, Smithtown, NY, of counsel) for defendant-appellee.

Before: MINER and ALTIMARI, Circuit Judges, and ELFVIN, District Judge.

MINER, Circuit Judge:

Plaintiff-appellant Doxsee Sea Clam Co., Inc. ("Doxsee") appeals from an order entered in the United States District Court for the Southern District of New York (Sand, J.), denying Doxsee's motion to strike the affirmative defense of untimeliness interposed by defendant-appellee Christian Brown. The defense was pleaded in Brown's answer to Doxsee's petition, filed pursuant to 46 U.S.C. app. §§ 183-186 (1988), for exoneration from, or...

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