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ALCOA S. S. CO., INC. v. M/V NORDIC REGENT

No. 826, Docket 78-7054.

654 F.2d 165 (1978)

ALCOA STEAMSHIP COMPANY, INC., Plaintiff-Appellant, v. M/V NORDIC REGENT, her boilers, tackle, machinery and other appurtenances in rem, and Norcross Shipping Co., Inc., as her Owner, in personam, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 31, 1978.

On Rehearing January 10, 1979.

Attorney(s) appearing for the Case

J. Ward O'Neill, New York City (Haight, Gardner, Poor & Havens, New York City, Gordon W. Paulsen, Emil A. Kratovil, Jr., New York City, on the brief), for plaintiff-appellant Alcoa Steamship Company, Inc.

Hollis M. Walker, Jr., New York City (Joseph T. Stearns, David L. Linden, and Walker & Corsa, New York City, on the brief), for defendant-appellee Norcross Shipping Co., Inc.

Francis M. O'Regan, New York City (Bigham, Englar, Jones & Houston, New York City), for American Institute of Marine Underwriters, Amicus Curiae.

Before WATERMAN, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

TIMBERS, Circuit Judge:

In this action commenced by Alcoa Steamship Company in the Southern District of New York to recover damages from Norcross Shipping Co., Inc. sustained as the result of a collision in Trinidad between Alcoa's pier and Norcross' vessel, the sole issue is whether the district court abused its discretion in granting Norcross' motion to dismiss the action on the ground of forum non conveniens.

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