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JOHN FABICK TRACTOR COMPANY v. PENELOPE SHIPPING CO.

No. 67-Civ. 2955.

278 F.Supp. 182 (1967)

JOHN FABICK TRACTOR COMPANY, and the Hartford Fire Insurance Company, Plaintiffs, v. PENELOPE SHIPPING CO., and against the S. S. WORLD MERMAID, her engines, tackle, etc., Defendant.

United States District Court S. D. New York.

November 8, 1967.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, by Donald M. Waesche, Jr., New York City, of counsel, for plaintiffs.

Cichanowicz & Callan, New York City, by Victor S. Cichanowicz, William P. Larsen and Nicholas Milano, New York City, of counsel, for defendant.

CROAKE, District Judge.

MEMORANDUM

This is a motion by the defendant, Penelope Shipping Co. (PENELOPE) for an order dismissing the action herein on the ground of forum non conveniens. A companion motion asking this court to dismiss the action for lack of in personam jurisdiction (See Rule 12(b) (2), Fed.R.Civ.P.), was withdrawn in open court and the defendant stated that it would submit itself to this court's jurisdiction.

This action arose...

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