Mesocap Industries v. Torm Lines

OWENS, Senior District Judge:

Plaintiff Mesocap Industries Limited (Mesocap) and Tradelink Exports Corp. (Tradelink), on September 25, 1998, brought this Admiralty action to recover from defendant Torm Lines (Torm) for damage to Mesocap cargo that Torm carried on its vessel in 1996 from Savannah, Georgia to Calabar, Nigeria by way of Cotonou, Benin. Over Mesocap’s opposition, Torm moved under F.R.Civ. P. 12(b)(6) to dismiss Mesocap’s Complaint because it was filed more than one year after the delivery of goods or the date when the goods should have been delivered, and is therefore barred by…