B. F. Goodrich Tire Co. v. Louisville & Nashville Railroad

MEMORANDUM AND ORDER

HAIGHT, District Judge:

This summary judgment motion by defendant, brought pursuant to Rule 56, Fed.R.Civ.Proc., presents a single issue for determination by this Court: Whether defendant’s letter of December 12, 1974 was an unequivocal disallowance of plaintiff’s claim such as to commence the two year and one day period within which to institute suit as provided in Section 2(b) of the standard Bill of Lading Contract of Carriage, used herein. For reasons discussed infra, 1 find that the December 12, 1974 letter denying plaintiff’s claim was unequivocal in nature, that the…