UNION INS. SOC. OF CANTON, LTD. v. S.S. ELIKON

No. 80-1343.

642 F.2d 721 (1981)

UNION INSURANCE SOCIETY OF CANTON, LIMITED, Appellant, v. S.S. ELIKON, her engines, boilers etc., in rem and Deutsche Dampfschiffahrts-Gesellschaft, "Hansa", in personam, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 5, 1981.


Attorney(s) appearing for the Case

Richard I. Gulick, Norfolk, Va. (Frances S. Gerwin, Gulick & Maynard, Norfolk, Va., on brief), for appellant.

Charles F. Tucker, Vandeventer, Black, Meredith & Martin, Norfolk, Va., on brief), for appellees.

Before WINTER, SPROUSE and ERVIN, Circuit Judges.


WINTER, Circuit Judge:

Union Insurance Society of Canton, Ltd., a marine insurer incorporated under the law of a country other than the United States, brings this suit as subrogee to recover damages to cargo it insured carried by the S/S Elikon from the United States to Kuwait. On the basis of a forum selection clause in the bill of lading requiring litigation of the suit in a German court, the district court dismissed the suit for want of jurisdiction. The...

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