DIAZ v. HUMBOLDT

No. 82-3633.

722 F.2d 1216 (1984)

Luis Alva DIAZ, Plaintiff-Appellant, v. Naviera HUMBOLDT and XYZ Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 16, 1984.


Attorney(s) appearing for the Case

Patrick D. McArdle, Brenda J. DeArmas-Ricci, John F. Nevares, New Orleans, La., for plaintiff-appellant.

Chaffe, McCall, Phillips, Toler & Sarpy, Derek A. Walker, Robert H. Murphy, New Orleans, La., for defendants-appellees.

Before GEE and GARWOOD, Circuit Judges, and EAST, District Judge.


GEE, Circuit Judge:

This is an appeal from an order of the district court dismissing an action brought under the Jones Act, 46 U.S.C. § 688 (1976), and, alternatively, under general maritime law. The primary question is whether American law applies to appellant's claim and, if not, whether the district court abused its discretion in dismissing the case for forum non conveniens. We hold that American law does not govern appellant's claim and that the district...

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