Legal Opinion

Westhemeco Ltd. v. New Hampshire Insurance

District Court, S.D. New York

Decided February 8, 1980No. 77 Civ. 4179(IBC)PublishedCited by 13 opinions

1Opinion of the Court

OPINION

IRVING BEN COOPER, District Judge.

Defendant and third-party plaintiff Florida East Coast Railway Company (Fla. Rwy.) moves for partial summary judgment against plaintiff Westhemeco Ltd. (Westhemeco) on the grounds that plaintiff failed to file timely written claims and commence this action within the limitations period prescribed by the Bill of Lading Contract of Carriage entered into by Westhemeco and Fla. Rwy.

We have had occasion to discuss the facts and procedural history of this complex action on two prior occasions. Westhemeco, Ltd. v. New Hampshire Ins. Co., 82 F.R.D. 702…

2Cases cited17 opinions

  1. Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
  2. Chesapeake & Ohio Railway Co. v. MartinSupreme Court of the United States · 1931
  3. St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
  4. Gooch v. Oregon Short Line RailroadSupreme Court of the United States · 1922
  5. Hopper Paper Co. v. Baltimore & O.R. CoCourt of Appeals for the Seventh Circuit · 1949

12 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Consolidated Rail Corp. v. Primary Industries Corp.District Court, S.D. New York · 1994
  2. American Rock Salt Co., LLC v. Norfolk Southern Corp.District Court, W.D. New York · 2005
  3. Ballen v. Aero Mayflower Transit Co.Appellate Division of the Supreme Court of the State of New York · 1988
  4. Calpro Co. v. Consolidated Engineering Co. of Georgia, Inc.District Court, N.D. Georgia · 1980
  5. Combustion Engineering, Inc. v. Consolidated Rail CorporationCourt of Appeals for the Second Circuit · 1984

8 more not listed; retrieve them via the Exa API.

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