MOTOR DISTRIBUTORS v. OLAF PEDERSEN'S REDERI A/S

No. 16057.

239 F.2d 463 (1956)

MOTOR DISTRIBUTORS, Limited, et al., Appellants, v. OLAF PEDERSEN'S REDERI A/S owner of THE SUNNY PRINCE, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 8, 1957.


Attorney(s) appearing for the Case

William Warner, New York City, Douglas D. Batchelor, Miami, Fla., William G. Symmers, New York City, Smathers, Thompson & Dyer, Miami, Fla., and Dow & Symmers, New York City, for appellants.

Richard F. Ralph, Miami, Fla., Charles S. Haight, Gordon W. Paulsen, New York City, Fowler, White, Gillen, Yancey & Humkey, Miami, Fla., and Haight, Gardner, Poor & Havens, New York City, Richard G. Ashworth, New York City, of counsel, for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This appeal requires an answer to two questions: (1) Under what circumstances should a district court dismiss a libel in rem filed against a foreign ship by nationals of other foreign countries in a cause arising out of a collision on the high seas between foreign vessels of different nationalities on the ground that all parties at interest are citizens of foreign states? (2) To what extent is the exercise...

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