Legal Opinion
Distribution Services, Ltd. v. Eddie Parker Interests, Inc., D/B/A New Trends, Inc.
Court of Appeals for the Fifth Circuit
Decided April 6, 1990No. 89-1421PublishedCited by 15 opinions
1Opinion of the Court
THORNBERRY, Circuit Judge:
This appeal involves a counterclaim for cargo damages brought by way of a re-coupment, which the district court dismissed as barred by the statute of limitations in the Carriage of Goods by Sea Act (COGSA), 46 U.S.C.A.App. § 1303(6). Finding that such an action is permitted under COGSA, we reverse.
Facts And Procedural History
On September 29, 1986, Distribution Services Ltd. (DSL) sued Eddie Parker Interests, Inc., now doing business as New Trends, Inc. (New Trends), for breach of contract for the carriage of certain goods from China to Texas. On December 12, 1986,…
2Cases cited13 opinions
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Bull v. United StatesSupreme Court of the United States · 1935
- Midstate Horticultural Co. v. Pennsylvania RailroadSupreme Court of the United States · 1943
- Continental Illinois National Bank & Trust Co. v. United StatesSupreme Court of the United States · 1942
- Chicago & North Western Railway Co. v. LindellSupreme Court of the United States · 1930
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3Cited by15 opinions
- Reiter v. CooperSupreme Court of the United States · 1993
- Beach v. Ocwen Federal BankSupreme Court of the United States · 1998
- Gober v. Terra + CorporationCourt of Appeals for the Fifth Circuit · 1996
- North Cypress Medical Center Operating Co. v. Cigna HealthcareCourt of Appeals for the Fifth Circuit · 2015
- Exxon Corp. v. Crosby-Mississippi Resources, Ltd.Court of Appeals for the Fifth Circuit · 1994
10 more not listed; retrieve them via the Exa API.