Toyomenka, Inc. v. Toko Kaiun Kabushiki Kaisha

Memorandum and Order:

SINGLETON, District Judge.

Plaintiff, Toyomenka, Inc., sued Toko Kaiun Kabushiki Kaisha (hereinafter Toko), as charterer and operator of the SS EGLE, for alleged damage to Toyomenka’s shipment of steel pipe delivered to Houston on or about December 3, 1968. There was a bill of lading for the cargo issued by Toko to Toyomenka wherein Clause 1(a) of the bill of lading is subject to the Cogsa one year statute of limitations through a clause paramount. 46 U.S.C. § 1303(6). On or about December 8, 1968, Texports Stevedore Company (hereinafter Texports) discharged the cargo at…