Legal Opinion
Firearms Import & Export Corp. v. Lykes Bros. Steamship Co.
District Court, S.D. Florida
Decided September 20, 1978No. 76-977-Civ-CAPublishedCited by 7 opinions
1Opinion of the Court
ORDER ON MOTION FOR SUMMARY JUDGMENT
ATKINS, Chief Judge.
THIS CAUSE came before the Court on Defendant, LYKES BROS. STEAMSHIP COMPANY, INC.’s (LYKES), motion for summary judgment. The issue raised is whether the appropriate limitations period bars this claim by a shipper for affreightment overcharges which were caused by the shipper’s agent’s improper designation of the shipped goods on the bill of lading.
Plaintiff, FIREARMS IMPORT & EXPORT CORPORATION (FIREARMS), maintains that this is a diversity action, 28 U.S.C. § 1332, and the appropriate limitation is the four year period provided by…
2Cases cited7 opinions
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Morrisdale Coal Co. v. Pennsylvania RailroadSupreme Court of the United States · 1913
- Krauss Bros. Lumber v. Dimon Steamship Corp.Supreme Court of the United States · 1933
- States Steamship Company v. American Smelting & Refining CompanyCourt of Appeals for the Ninth Circuit · 1965
- Sgambati v. United StatesCourt of Appeals for the Second Circuit · 1949
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- The Government of Guam v. American President LinesCourt of Appeals for the D.C. Circuit · 1994
- Venus Lines Agency, Inc., Plaintiff-Appellant-Cross-Appellee v. Cvg International America, Inc., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Eleventh Circuit · 2000
- Triomphe Disc Corp. v. LineAppellate Division of the Supreme Court of the State of New York · 1983
- Government of Guam v. American President Lines, Ltd.District Court, District of Columbia · 1993
- Sea Land Service, Inc. v. Trans Senko Corp.District Court, N.D. Illinois · 1990
2 more not listed; retrieve them via the Exa API.