Cities Service Oil Company, Libellant-appellant, v. United States of America, Respondent-appellee, 203 F.2d 716 (2d Cir. 1953)

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US Court of Appeals for the Second Circuit - 203 F.2d 716 (2d Cir. 1953) Argued April 6, 1953
Decided April 29, 1953

Appeal from the United States District Court for the Southern District of New York; J. Skelly Wright, Judge.


Libel to recover damage to a cargo of kerosene transported on a merchant vessel of the United States. From a decree dismissing the first cause of action because suit was not timely brought, the libellant has appealed.

Affirmed.

Atkins & Weymar, New York City, Proctors; Horace T. Atkins, New York City, of counsel, for appellant.

Myles J. Lane, U. S. Atty., New York City, Proctor; Nelson, Healy, Baillie & Burke and Allan A. Baillie, New York City, of counsel, for appellee.

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.

PER CURIAM.

The appeal presents a narrow question: Whether clause 23(b) of the charter party incorporated by reference the one year period of limitation for bringing suit provided by section 3(6) of the Carriage of Goods by Sea Act, 46 U.S.C.A. § 1303(6). Judge Wright's conclusion that it did is correct. We see no occasion to add anything to his opinion, reported as Cities Service Oil Co. v. The Champoeg, D.C., 108 F. Supp. 189, except the citation of Burdines, Inc., v. Pan-Atlantic Steamship Corp., 5 Cir., 199 F.2d 571, which was published later.