FIREMAN'S FUND AMER. INS. COS. v. PUERTO RICAN FOR. CO., INC.

No. 73-1287.

492 F.2d 1294 (1974)

FIREMAN'S FUND AMERICAN INSURANCE COMPANIES, Plaintiff, Appellant, v. PUERTO RICAN FORWARDING CO., INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 13, 1974.


Attorney(s) appearing for the Case

Jose Antonio Fuste, San Juan, P. R., with whom Jimenez & Fuste, San Juan, P. R., was on brief, for plaintiff, appellant.

Maria Josefa Fornaris, Hato Rey, P. R., for defendant, appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


McENTEE, Circuit Judge.

Appellant brought this subrogation action against Puerto Rican Forwarding Co., Inc. (Forwarding) in the District Court for the District of Puerto Rico. The court granted summary judgment dismissing the action for lack of jurisdiction, holding that a choice-of-forum clause in the bill of lading which Forwarding had issued to appellant's insured restricted any actions thereunder to federal or state courts located in the City of New York. Appellant...

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