United States v. S. S. Mormacteal

CROAKE, District Judge.

Libelant brings this motion for an order striking the exceptive allegations of respondent on the grounds that this libel is not barred by the applicable statute of limitations as incorporated in the bill of lading issued by the respondent. Libelant contends:(1) That the commercial bill of lading issued by the respondent is deemed converted into a Government bill of lading, pursuant to 4 C.F.R. 52.19 and, therefore, the one-year time limit for bringing cases as stated in the bill of lading is inapplicable; and(2) that in any event, this libel was filed within one year…