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INS. CO. OF NORTH AMERICA v. MARINA SALINA CRUZ

No. 79-4050.

649 F.2d 1266 (1981)

INSURANCE COMPANY OF NORTH AMERICA, and Crystal Boat Company, a State of Washington, United States of America, partnership, Plaintiffs-Appellees, v. MARINA SALINA CRUZ, a naval shipyard owned and operated by the Republic of Mexico, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 23, 1981.

Attorney(s) appearing for the Case

Beverly May Carl, Dallas, Tex., argued for defendant-appellant; Gordon J. Tans, James M. Powell, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, Alaska, on brief.

Julian Mason, Anchorage, Alaska, argued for plaintiffs-appellees; Dunn, Baily & Mason, Anchorage, Alaska, Mark S. Cole, Seattle, Wash., on brief.

Before WALLACE, HUG and SCHROEDER, Circuit Judges.

WALLACE, Circuit Judge:

Marina Salina Cruz (the shipyard) secured permission to appeal, pursuant to 28 U.S.C. § 1292(b), from the district court's denial of a motion to dismiss. The shipyard contends: (1) that the district court lacks personal jurisdiction over the shipyard, (2) that sovereign immunity bars the action, and (3) that the action should be dismissed on the basis of forum non conveniens. We agree that there is no personal jurisdiction and reverse...

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