Document Type


Publication Date



Plaintiff-appellant Doxsee Sea Clam Co., Inc. ("Doxsee") appeals from an order entered in the United States District Court for the Southern District of New York (Sand, J.), denying Doxsee's motion to strike the affirmative defense of untimeliness interposed by defendant-appellee Christian Brown. The defense was pleaded in Brown's answer to Doxsee's petition, filed pursuant to 46 U.S.C. app. §§ 183-186 (1988), for exoneration from, or limitation of, liability for injuries allegedly suffered by Brown aboard a Doxsee-owned fishing vessel. The order also dismissed the petition as time-barred under 46 U.S.C. app. § 185. For the reasons that follow, we affirm.


13 F.3d 550 (1994)

DOXSEE SEA CLAM CO., INC., Plaintiff-Appellant,


Christian BROWN, Defendant-Appellee. No. 422, Docket 93-7525. United States Court of Appeals, Second Circuit.

Argued October 5, 1993.

Decided January 3, 1994.

New York Law School location: File #1772, Box #132