LINEA DE VAPORES GARCIA v. THE PRESIDENT POLK

No. 19408.

89 F.Supp. 952 (1950)

LINEA DE VAPORES GARCIA, S. A. v. THE PRESIDENT POLK et al.

United States District Court E. D. New York.

April 14, 1950.


Attorney(s) appearing for the Case

Dow & Symmers, New York City, for respondents William G. Symmers, New York City, for motion.

Hunt, Hill & Betts, New York City, for libelant (Geo. Whitefield Betts, Jr., New York City), opposed.


KENNEDY, District Judge.

On July 28, 1948 as the steamer President Polk was berthing at La Machina pier in Havana she damaged two lighters (Chorrera and Yanina), owned by libelant, a Cuban national. The suit is in rem, based on a claim of fault on the part of President Polk.

Respondent and claimant, the owner of the steamer, now move to dismiss the libel on the ground that a Cuban forum is more convenient; there is also a suggestion of laches.

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