Legal Opinion
Hugo Stinnes Steel & Metals Co. v. Oldendorff
District Court, S.D. Georgia
Decided March 14, 1974No. Civ. A. No. 3226PublishedCited by 2 opinions
1Opinion of the Court
SECOND ORDER OF DISMISSAL
LAWRENCE, Chief Judge.
This is an action for damage to goods during ocean transit. It was filed nearly three years after delivery of the cargo at Savannah. Is the suit barred by the one-year period for commencing suit prescribed by the Carriage of Goods by Sea Act where an action between the same parties for such damage is pending in the District Court for the Southern District of New York, timely brought but never served, in which that Court denied plaintiff's motion to transfer the case to this District pursuant to 28 U.S.C. § 1404(a)?
On October 31, 1973, plaintiff…
2Cases cited13 opinions
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Chelentis v. Luckenbach Steamship Co.Supreme Court of the United States · 1918
- United States v. BerkowitzCourt of Appeals for the Third Circuit · 1964
- The Malcolm Baxter, Jr.Supreme Court of the United States · 1928
- Internatio-Rotterdam, Inc. v. ThomsenCourt of Appeals for the Fourth Circuit · 1955
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3Cited by2 opinions
- Froelich v. PetrelliDistrict Court, D. Hawaii · 1979
- Great American Insurance Co. v. The Vessel Pacific PrincessHigh Court of American Samoa · 1982