American Chicle Div., Warner Lambert v. M/V Mayaguez

MEMORANDUM AND ORDER

McDONALD, District Judge.

Came on to be heard defendant Southern Pacific Lines’ Motion for Summary Judgment. Plaintiff has sued defendant Southern Pacific Lines for damage to goods transported by defendant, a common carrier in interstate commerce. Southern Pacific Lines contends that plaintiff did not properly notify plaintiff of its claim within nine months of delivery, as required by the Uniform Bill of Lading provisions of the Interstate Commerce Commission. 1 Plaintiff opposes the motion on the grounds that defendant was not the initial carrier, and therefore is not…