U.S. Court of Appeals for the Second Circuit, 1953

Cities Service Oil Co. v. United States

U.S. Court of Appeals for the Second Circuit · Decided April 29, 1953

203 F.2d 716 (Federal Reporter, Second Series)

Counsel

Atkins & Weymar, New York City, Proctors; Horace T. Atkins, New York City, of counsel, for appellant., Myles J. Lane, U. S. Atty., New York City, Proctor; Nelson, Healy, Baillie & Burke and Allan A. Baillie, New York City, of counsel, for appellee.

Cases that cite this one

2 later published cases cite this decision.

Pannell v. the S.S. American Flyer (District Court, S.D. New York 1957)
Cities Service Oil Company, Libellant-Appellant v. United States (2d Cir. 1953)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The appeal presents a narrow question: Whether clause 23(b) of the charter party incorporated by reference the one year period of limitation for bringing suit provided by section 3(6) of the Carriage of Goods by Sea Act, 46 U.S.C.A. § 1303(6). Judge Wright’s conclusion that it did is correct. We see no occasion to add anything to his opinion, reported as Cities Service Oil Co. v. The Champoeg, D.C., 108 F.Supp. 189, except the citation of Burdines, Inc., v. Pan-Atlantic Steamship Corp., 5 Cir., 199 F.2d 571, which was published later.

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