KLOECKNER REEDEREI UND KOHLENHANDEL v. A/S HAKEDAL

No. 197, Docket 22968.

210 F.2d 754 (1954)

KLOECKNER REEDEREI UND KOHLENHANDEL, G.M.B.H. v. A/S HAKEDAL. THE WESTERN FARMER.

United States Court of Appeals Second Circuit.

Decided March 3, 1954.


Attorney(s) appearing for the Case

William G. Symmers, Dow & Symmers, New York City, for appellant. William Warner, New York City, of counsel.

Charles S. Haight, Haight, Deming, Gardner, Poor & Havens, New York City, for appellee. Gordon W. Paulsen, New York City, of counsel.

Before CHASE, Chief Judge, and L. HAND and MEDINA, Circuit Judges.


L. HAND, Circuit Judge.

This is an appeal from a decree in the admiralty, dismissing the libel in a suit in personam for the loss of a cargo of coal. Judge Clancy refused to assume jurisdiction over the suit because, being between two foreign corporations, "the most just disposition" could be made in the English courts of admiralty. The libellant, a German corporation, had laded the coal upon the steamer, "Western Farmer," owned by an American corporation,...

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