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TAI KIEN INDUSTRY CO., LTD. v. M/V HAMBURG

No. 74-3340.

528 F.2d 835 (1976)

TAI KIEN INDUSTRY CO., LTD., a corporation of the Republic of China, Plaintiff-Appellant, v. M/V HAMBURG, her engines, tackle, machinery, and equipment, etc., and Fairplay-Petersen & Alpers Seatowage, a West German corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

January 21, 1976.

Attorney(s) appearing for the Case

Walter S. Ferenz, Agana, Guam, for plaintiff-appellant.

John J. Reilly of Haight, Gardner, Poor & Havens, New York City, for defendants-appellees.

Before MERRILL, CHOY and KENNEDY, Circuit Judges.

OPINION

ANTHONY M. KENNEDY, Circuit Judge:

The SS Caribia broke loose from its tug, the M/V Hamburg, in a typhoon off the coast of Guam. The vessel stranded near the entrance of Apra Harbor in Guam then broke up and sank. The sole issue on this appeal concerns the effect of a forum selection clause in the towage contract between the owner of the Caribia, Tai Kien Industry, Co., a Taiwan corporation, and the owners and agents for the tug.

The towage...

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