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TRAMP OIL AND MARINE, LTD. v. M/V MERMAID I

No. 84-1201.

743 F.2d 48 (1984)

TRAMP OIL AND MARINE, LTD., Plaintiff, Appellant, v. M/V MERMAID I, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 13, 1984.

Attorney(s) appearing for the Case

Michael G. Chalos, New York City, with whom Peter Skoufalos, Halley & Chalos, New York City, and Calvesbert & Brown, San Juan, P.R., were on brief, for plaintiff, appellant.

J. Ramon Rivera Morales, Hato Rey, P.R., with whom Jose Antonio Fuste, and Jimenez & Fuste, Hato Rey, P.R., were on brief, for defendant, appellee M/V Mermaid I.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and PEREZGIMENEZ, District Judge.

LEVIN H. CAMPBELL, Chief Judge.

Plaintiff-appellant Tramp Oil and Marine, Ltd. ("Tramp") appeals from a judgment of the district court dismissing without prejudice its in rem action on the grounds of forum non conveniens. We reverse and remand for further proceedings.

While in the port of Savannah, Georgia, appellee vessel M/V MERMAID I ("MERMAID") sent out through its master a request for bunker fuel. At that time, the MERMAID was time chartered by...

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