Ralston Purina Co. v. Barge Juneau & Gulf Caribbean Marine Lines, Inc., 619 F.2d 374 (5th Cir. 1980). · Go Syfert
Ralston Purina Co. v. Barge Juneau & Gulf Caribbean Marine Lines, Inc., 619 F.2d 374 (5th Cir. 1980). Cases Citing This Book View Copy Cite
30 citation events (12 in the last 25 years) across 11 distinct courts.
Strongest positive: Ansell Healthcare, Inc. v. Maersk Line (nysd, 2008-04-04)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) Ansell Healthcare, Inc. v. Maersk Line
S.D.N.Y. · 2008 · confidence medium
For example, UTi Thailand relies on Ralston Purina Co. v. Barge Juneau and Gulf Caribbean Marine Lines, Inc., where the parties entered into a contract to ship goods domestically between Texas and Puerto Rico, but despite COGSA not applying of its own force to the transaction, the parties incorporated COGSA “except as may be otherwise specifically provided [in their contract].” 619 F.2d 374, 374-76 (5th Cir.1980).
cited Cited as authority (rule) Sompo Japan Insurance Company of America v. Union Pacific Railroad Company, Docket No. 04-4066-Cv
2d Cir. · 2006 · confidence medium
Commonwealth Petrochems., 607 F.2d at 326-27; Ralston Purina Co. v. Barge Juneau & Gulf Caribbean Marine Lines, Inc., 619 F.2d 374, 375-76 (5th Cir.1980) (per curiam).
cited Cited as authority (rule) Foster Wheeler Energy Corp. v. an Ning Jiang MV
5th Cir. · 2004 · confidence medium
Marine Lines, 619 F.2d 374, 376 (5th Cir.1980).
discussed Cited as authority (rule) Craddock International Inc. v. W.K.P. Wilson & Son, Inc.
5th Cir. · 1997 · confidence medium
Marine Lines, 619 F.2d 374, 376 (5th Cir.1980) (“There can be no doubt that if they had wanted to, the drafters of this contract could have identified specific provisions or sections of COGSA and incorporated them by individual reference.
discussed Cited as authority (rule) Seguros Comercial Americas S.A. De C v. v. American President Lines, Ltd. (2×) also: Cited "see"
S.D. Tex. · 1995 · confidence medium
See, e.g., Pannell v. U.S. Lines Co., 263 F.2d 497, 498 (2d Cir.) (definition of the term “package” that appeared in the bill of lading controlled over an inconsistent definition in COGSA), cert. denied, 359 U.S. 1013 , 79 S.Ct. 1151 , 3 L.Ed.2d 1037 (1959); PPG Indus., Inc. v. Ashland Oil Co. —Thomas Petroleum Transit Div., 527 F.2d 502 , 507 (3d Cir.1975) (parties could have extended, but neglected to do so, COG-SA’s statute of limitations provision to agent of carrier); Commonwealth Petrochemicals, Inc. v. S/S Puerto Rico, 607 F.2d 322, 328 (4th Cir.1979) (specific definition of “…
cited Cited as authority (rule) Conway v. Saudi Arabian Oil Co.
S.D. Tex. · 1994 · confidence medium
Co., 240 U.S. 264, 277 , 36 S.Ct. 300, 306 , 60 L.Ed. 636 (1916); Ralston Purina Co. v. Barge Juneau & Gulf Caribbean Marine Lines, Inc., 619 F.2d 374, 375 (5th Cir.1980).
discussed Cited as authority (rule) Institute of London Underwriters and Ferguson and Company v. Sea-Land Service, Inc., and Container Stevedoring Company, Inc., Institute of London Underwriters Companies, and Ferguson & Co. v. Sea-Land Service, Inc., and Container Stevedoring Co., Inc.
9th Cir. · 1989 · confidence medium
See PPG Inds., Inc. v. Ashland Oil Co.-Thomas Petroleum Transit Div., 527 F.2d 502, 507 (3d Cir.1975); Commonwealth Petrochemicals, Inc. v. S/S PUERTO RICO, 607 F.2d 322, 328 (4th Cir.1979); Ralston Purina Co. v. Barge JUNEAU, 619 F.2d 374, 375-76 (5th Cir.1980). 20 Though foreign shipments generally are covered by COGSA, COGSA did not govern this shipment of its own force because COGSA excludes deckloads from its definition of "goods." The bill of lading, however, purported to apply COGSA to deckloads.
discussed Cited as authority (rule) Institute of London Underwriters v. Sea-Land Service, Inc.
9th Cir. · 1989 · confidence medium
See PPG Inds., Inc. v. Ashland Oil Co.-Thomas Petroleum Transit Div., 527 F.2d 502, 507 (3d Cir.1975); Commonwealth Petrochemicals, Inc. v. S/S PUERTO RICO, 607 F.2d 322, 328 (4th Cir.1979); Ralston Purina Co. v. Barge JUNEAU, 619 F.2d 374, 375-76 (5th Cir.1980).
discussed Cited as authority (rule) Enterprise, Inc. v. M/V SAM HOUSTON
E.D. La. · 1988 · confidence medium
See, North River Insurance Co. v. Fed Sea/Fed Pac Line, 647 F.2d 985, 989 (9th Cir.1981) (foreign jurisdiction clause valid when COGSA applies only as contract term); Ralston Purina Co. v. Barge Juneau & Gulf Carribbean Lines, 619 F.2d 374, 375 (5th Cir.1980) (parties’ agreement to one-year limitation on suit prevails over COGSA provision); Commonwealth Petrochemicals, Inc. v. S/S Puerto Rico, 607 F.2d 322, 325 (4th Cir.1979) (specific definition of “package” in Bill of Lading controls over definition in COGSA); Pannell v. U.S. Lines Co., 263 F.2d 497, 498 (2d Cir.1959) (definition of th…
discussed Cited as authority (rule) Colgate Palmolive Co. v. S/S Dart Canada
2d Cir. · 1983 · confidence medium
See North River Insurance Co. v. Fed Sea/Fed Pac Line, 647 F.2d 985, 989 (9th Cir.1981) (foreign jurisdiction clause valid when COGSA applies only as contract term); Ralston Purina Co. v. Barge Juneau & Gulf Carribean Lines, 619 F.2d 374, 375 (5th Cir.1980) (parties’ agreement to one year limitation on suit prevails over COGSA provision); Commonwealth Petrochemicals Inc. v. S/S Puerto Rico, 607 F.2d 322, 325 (4th Cir.1979) (specific definition of “package” in bill of lading controls over definition in COGSA); P.P.G.
discussed Cited as authority (rule) Colgate Palmolive Company v. S/s Dart Canada, Her Engines, Boilers, Tackle, Etc., Dart Containerline Ltd., Global Terminal & Container Services, Inc., Lansdell Protective Agency, Inc., Global Terminal & Container Services, Inc., Lansdell Protective Agency, Inc., Defendant-Third-Party-Plaintiff v. Aetna Casualty & Surety Co., Third-Party
2d Cir. · 1983 · confidence medium
See North River Insurance Co. v. Fed Sea/Fed Pac Line, 647 F.2d 985, 989 (9th Cir.1981) (foreign jurisdiction clause valid when COGSA applies only as contract term); Ralston Purina Co. v. Barge Juneau & Gulf Carribean Lines, 619 F.2d 374, 375 (5th Cir.1980) (parties' agreement to one year limitation on suit prevails over COGSA provision); Commonwealth Petrochemicals Inc. v. S/S Puerto Rico, 607 F.2d 322, 325 (4th Cir.1979) (specific definition of "package" in bill of lading controls over definition in COGSA); P.P.G.
discussed Cited as authority (rule) Elizabeth Beverly, Etc. v. John W. MacY Jr., Elizabeth Beverly, Etc. v. National Flood Insurers Association (2×)
11th Cir. · 1983 · confidence medium
Carlin Construction Co., 240 U.S. 264, 277 , 36 S.Ct. 300, 306 , 60 L.Ed. 636 (1916); McDonald v. Hamilton Electric Inc., 666 F.2d 509 , 513 n. 6 (11th Cir.1982); Ralston Purina Co. v. Barge Juneau and Gulf Caribbean Marine Lines, Inc., 619 F.2d 374, 375-76 (5th Cir.1980); Hill & Combs v. First National Bank, 139 F.2d 740, 742 (5th Cir.1944).
discussed Cited as authority (rule) North River Insurance Co. v. Fed Sea/Fed Pac Line
9th Cir. · 1981 · confidence medium
See Commonwealth Petrochemicals, Inc. v. S/S PUERTO RICO, 607 F.2d 322 (4th Cir. 1979); PPG Industries, Inc. v. Ashland Oil Co.-Thomas Petroleum Transit Division, 527 F.2d 502, 507 (3d Cir. 1975); Ralston Purina Co. v. Barge Juneau & Gulf Caribbean Marine Lines, Inc., 619 F.2d 374, 375 (5th Cir. 1980). 14 The Fourth Circuit provides a clear distinction between contracts in which COGSA applies of its own force and those in which the statute would have no application absent a contractual term.
discussed Cited as authority (rule) North River Insurance v. Fed Sea/Fed Pac Line
9th Cir. · 1981 · confidence medium
See Commonwealth Petrochemicals, Inc. v. S/S PUERTO RICO, 607 F.2d 322 (4th Cir. 1979); PPG Industries, Inc. v. Ashland Oil Co.-Thomas Petroleum Transit Division, 527 F.2d 502, 507 (3d Cir. 1975); Ralston Purina Co. v. Barge Juneau & Gulf Caribbean Marine Lines, Inc., 619 F.2d 374, 375 (5th Cir. 1980).
discussed Cited "see" Charles Alford and Mary Lou Alford v. Robert Thomas McKeithen, EOG Resources, Inc. and Central Texas Land Services
Tex. App. · 2015 · signal: see · confidence high
See Ralson Purina Co. v. Barge Juneau & Gulf Caribbean Marine Lines, Inc., 619 F.2d 374 , 374–75 (5th Cir. 1980) (admiralty case originating in Louisiana involving a federal maritime statute); Foster Wheeler Ener� Corp. v. An Ning Jiang MV, 383 F.3d 349 , 358–59 (5th Cir. 2004) (admiralty case originating in Louisiana involving a federal maritime statute and an international maritime agreement); Alford v. Kuhlman Elec.
cited Cited "see" Modern Office System, Inc. v. Aim Caribbean Express, Inc.
D.P.R. · 1992 · signal: see · confidence high
See Ralston Purina Co. v. Barge “JUNEAU" & Gulf Caribbean, 619 F.2d 374 (5th Cir.1980); Uncle Ben’s, 855 F.2d at 217 .
cited Cited "see" Birdsall, Inc. v. Tramore Trading Co., Inc.
S.D. Fla. · 1991 · signal: see · confidence high
See Ralston Purina Co. v. Barge Juneau & Gulf Caribbean, 619 F.2d 374 (5th Cir.1980). 6 .
cited Cited "see, e.g." Allstate Insurance Company, a Corporation v. International Shipping Corp., a Florida Corporation, Gulf Caribbean Marine Lines, Inc., a Corporation
11th Cir. · 1983 · signal: compare · confidence low
Compare Ralston Purina Co. v. Barge Juneau and Gulf Caribbean Marine Lines, Inc., 619 F.2d 374 (5th Cir.1980).
Retrieving the full opinion text from the archive…
RALSTON PURINA CO., Plaintiff-Appellant,
v.
BARGE JUNEAU AND GULF CARIBBEAN MARINE LINES, INC., Defendant-Appellee
79-3004.
Court of Appeals for the Fifth Circuit.
Jun 16, 1980.
619 F.2d 374
Leach, Paysse & Baldwin, Rene S. Paysse, New Orleans, La., for plaintiff-appellant., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John J. Broders, J. Kelly Duncan, New Orleans, La., for defendant-appellee.
Roney, Kravitch, Tate.
Cited by 22 opinions  |  Published
PER CURIAM:

In this admiralty action the district court granted defendant-appellee’s motion for summary judgment, holding that the statute of limitations had run on the claim. We affirm.

On December 29 and 30, 1977, a shipment of tinplate and ceiling compound, carried by barge between Port Arthur, Texas, and Ponce, Puerto Rico, was delivered to the consignee in apparently damaged condition. A complaint was filed by Ralston Purina against the Barge Juneau and Gulf Caribbean Marine Lines, Inc. [carrier], on December 14, 1978. Service was not obtained, however, until February 8, 1979, more than one year after delivery of the goods.

[*375] Article 19 [1] of the Ocean Bill of Lading specifically provided that suit had to be brought within one year of delivery and that suit was not deemed brought until the carrier had been served with process. Because service of process was not effective until more than one year after the claim arose, the district court granted the appel-lee’s motion for summary judgment.

Two issues must be considered on this appeal. First, it is necessary to reconcile the contractual limitation with certain language in the United States Carriage of Goods by Sea Act [COGSA or the Act], 46 U.S.C.A. § 1300 et seq., which was incorporated by reference. [2] The statute of limitations in the Act, 46 U.S.C.A. § 1303(6), as it has been judicially construed, would have been met here. See Internatio-Rotterdam, Inc. v. Thomsen, 218 F.2d 514, 516 (4th Cir. 1955); Ore Steamship Corp. v. D/S A/S Hassel, 137 F.2d 326, 329 (2d Cir. 1943). Second, Ralston Purina contends that the requirement that the limitations period be tolled only upon service violates public policy as demonstrated in Federal Rules of Civil Procedure 3 and is therefore not binding. Rule 3 provides that a civil action is commenced by filing a complaint with the court.

Because the goods were carried between ports of the United States, COGSA did not apply ex proprio vigore. The parties agreed, however, that the Act should be incorporated into their contract and should govern “except as may be otherwise specifically provided herein.” It would thus seem to be clearly the intent of the parties to be governed by most but not all of the provisions of COGSA.

Section 1312 of COGSA reads in part: Provided, however, That any bill of lading or similar document of title which is evidence of a contract for the carriage of goods by sea between such ports, containing an express statement that it shall be subject to the provisions of this chapter, shall be subjected hereto as fully as if subject hereto by the express provisions of this chapter . .

It is contended that, to avoid rendering this proviso a nullity, whenever COGSA is incor.porated into a contract its provisions are not merely additional terms of the contract but instead apply to the contract as forcefully as if the Act applied of its own force. If by this contention it is suggested that an attempt to incorporate a portion of COGSA automatically results in the incorporation of the entire Act, we reject such a contention out of hand as being inconsistent with the well established and undisputed principle of contract law that “a reference by the contracting parties to an extraneous writing for a particular purpose makes it a part of their agreement only for the purpose specified.” Guerini Stone Co. v. P. J. Carlin Construction Co., 240 U.S. 264, 277, 36 S.Ct. 300, 306, 60 L.Ed. 636 (1916). See also Hill & Combs v. First National Bank, 139 F.2d 740, 742 (5th Cir. 1944):

[I]t is quite well settled that a reference [in a contract] is not effective beyond the[*376] agreement of the contract and that if the agreement contains qualifying words, they will be given effect, and the reference limited accordingly.

There can be no doubt that if they had wanted to, the drafters of this contract could have identified specific provisions or sections of COGSA and incorporated them by individual reference. Surely no one could then argue that by doing so all the provisions of COGSA would apply. We think the effect is the same where, as here, the parties incorporated all the Act with certain specific exceptions. The net result is that certain provisions of the Act apply to the relationship of the parties and others do not.

It may be that the effect of the contention is to suggest that when all or part of the Act is incorporated into the contract, the incorporated provisions are to be treated differently than the other language in the contract. We need not decide that question here because the COGSA statute of limitations was not incorporated into the contract. For any part of the Act to be incorporated into the contract requires, in the language of § 1312 of the Act, “an express statement” to that effect. With respect to the period of limitations here, however, there is an express statement that the statutory provision should not govern the parties. Since the statutory limitations period has no application to this dispute, it is unnecessary to decide whether and to what extent the statute of limitations in § 1303(6) may be contractually altered. The district court did not err in applying the limitations period in the contract and granting the carrier’s motion for summary judgment.

The second issue is likewise not grounds for reversal. Ralston argues that by providing that suit is not brought until process is effected, the clause redefines the commencement of an action in contradiction of Rule 3. Although this argument has superficial appeal, it does not withstand analysis. Rule 3 does not state that filing tolls statutes of limitations but rather fixes the time from which other procedural steps are measured, for example service of process under Rule 4, filing of the answer under Rule 5, whether a claim is “pending” within the meaning of Rule 13(a)(1), and timing of discovery as provided by Rules 26(a) and 33. Article 19 changes none of these relationships, nor does it alter the procedure in federal courts. Article 19, therefore, does not abrogate Rule 3 and it is not void as violative of public policy.

AFFIRMED.

1

. Article 19 of the Ocean Bill of Lading contains the following statement regarding when suit has been properly “brought”:

In any event the Carrier and the vessel shall be discharged for all liability in respect of loss or damage (including misdelivery or conversion) unless suit is brought within one year after the delivery of the goods or the date when the goods should have been delivered. Suit shall not be deemed brought until jurisdiction shall have been obtained over the Carrier and/or the vessel by service of process or by an agreement to appear. (Emphasis supplied).
2

. Article 1 of the Ocean Bill of Lading provides:

This Bill of Lading shall have effect subject to the provisions of the Carriage of Goods by Sea Act of the United States, approved April 16, 1936, which shall be deemed to be incorporated herein, and nothing herein contained shall be deemed a surrender by the carrier of any of its rights or immunities or an increase of any of its responsibilities or liabilities under said Act. If any term of this bill of lading be repugnant to said Act to any extent, such term shall be void to that extent, but no further. The provisions stated in said Act shall (except as may be otherwise specifically provided herein) govern before the goods are loaded on and after they are discharged from the vessel and throughout the entire time the goods are in the custody of the Carrier. (Emphasis supplied).