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TRANSOMNIA G.m.b.H. v. M/S TORYU

No. 68 Civ. 5154.

311 F.Supp. 751 (1970)

TRANSOMNIA G.m.b.H., Plaintiff, v. M/S TORYU, her engines, boilers, etc., Dai-Ichi Kisen Kaisha, Dai-Ichi Kisen Co. Ltd., First Line Company, Ltd., and First Line Company, S.A., Defendants.

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

February 24, 1970.

Attorney(s) appearing for the Case

Donovan, Donovan, Maloof & Walsh, New York City, for plaintiff; James M. Kenny, New York City, of counsel.

Healy & Baillie, New York City, for defendants; Allan A. Baillie, New York City, of counsel.

OPINION

COOPER, District Judge.

Defendants move, pursuant to Rule 12(b) F.R.Civ.P., for an order dismissing plaintiff's complaint for forum non conveniens. This suit arises out of the foundering of the S.S. Toryu on March 9, 1968 while on a voyage from San Fernando, Philippines, to Changhang, South Korea. Plaintiff has attached funds, allegedly belonging to First Line Co. Ltd.1

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