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PASTEWKA v. TEXACO, INC.

Civ. A. Nos. 4550-4561, 76-54.

420 F.Supp. 641 (1976)

Monica PASTEWKA et al., Plaintiffs, v. TEXACO, INC. and Texaco Panama, Inc., corporations, Defendants.

United States District Court, D. Delaware.

August 11, 1976.

Attorney(s) appearing for the Case

John M. Bader, of Bader, Dorsey & Kreshtool, Wilmington, Del., for plaintiffs; Harvey Goldstein, of Fuchsberg & Fuchsberg, and MacDonald Deming, of Haight, Gardner, Poor & Havens, New York City, of counsel.

Edmund N. Carpenter, II, and James H. Gilliam, Jr., of Richards, Layton & Finger, Wilmington, Del., for defendants; Poles, Tublin, Patestides & Stratakis, New York City, of counsel.

OPINION

MURRAY M. SCHWARTZ, District Judge.

The question presented is whether on the facts of this case plaintiffs are precluded from pursuing a cause of action in the District of Delaware after dismissal of an identical action on the grounds of forum non conveniens has been upheld by a divided panel of the Second Circuit Court of Appeals. Procedural facts, unfortunately somewhat detailed but nonetheless essential to an understanding of a resolution...

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