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Admiralty Law Keyed to Maraist
Lithotip, CA. v. S.S. Guarico
Citation:
592 F. Supp. 1280 (1984)Facts
The cargo of newsprint shipped by Venline arrived at its destination in Venezuela on April 30, 1981, and was discharged to the Instituto Nacional de Puertos (INP), the government agency responsible for port operations. Lithotip learned of the cargo’s arrival on May 4, 1981, and on May 14, 1981, the INP issued a gate pass to Lithotip, authorizing it to take possession of the cargo. Lithotip took actual delivery of the cargo between May 18 and May 25, 1981. When Lithotip received the cargo, it discovered that of the 523 rolls of newsprint that were to be delivered, 62 rolls were short-delivered and 106 were delivered with cuts and gashes. Lithotip filed its complaint for cargo damage on May 18, 1982, which was more than one year after receiving the opportunity to retrieve the cargo on May 14, 1981, but within one year of actually taking possession.
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