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MURILLO LTDA. v. THE BIO BIO, THE PARAGUAY, THE ARGENTINA

127 F.Supp. 13 (1955)

MURILLO LTDA. and Herman Hollander, Inc., Libelants, v. THE BIO BIO, THE PARAGUAY, THE ARGENTINA, their engines, boilers, etc., Rederiaktiebolaget Nordstjernan, Axel Axelson Johnson and Johnson Line, Respondents.

United States District Court, S. D. New York.

January 10, 1955.

Attorney(s) appearing for the Case

Hill, Rivkins, Middleton, Louis & Warburton, New York City (Yorkston W. Grist, Elmhurst, John G. Poles, New York City, of counsel), for libelants.

Haight, Deming, Gardner, Poor & Havens, New York City (Tallman Bissell, New York City, of counsel), for respondents.

MURPHY, District Judge.

This is a motion by respondents for an order declining jurisdiction and dismissing the libel on the grounds that the parties have consented in advance to exclusive jurisdiction of the courts of Sweden and that this tribunal is an inconvenient forum. The suit is for shortage from three shipments of iron bars moving from Antwerp, Belgium, to Arica, Chile, aboard the S. S. Paraguay, S. S. Argentina and S. S. Bio Bio in June, July and August of...

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