Lithotip, Ca. V S.S. Guarico

592 F.Supp. 1280 (1984)

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Issues

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Nature Of The Case

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Facts

The cargo arrived at its destination on April 30, 1981, and was discharged to the Instituto Nacional de Puertos (INP), the government agency responsible for port operations and cargo handling. P learned of the arrival on May 4, 1981. On May 14, 1981, (Thursday) the INP issued its gate pass entitling P to take possession of the cargo. Lithotip took delivery of the cargo between Monday, May 18, and May 25, 1981. The complaint in this action was filed on May 18, 1982. P claims that its complaint is timely because it began actually to retrieve the cargo within two working days of receiving the opportunity to retrieve it and that this was 'a reasonable time period to be within the legal definition of 'opportunity to retrieve'.'

Holding & Decision

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Legal Analysis

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