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SIBAJA v. DOW CHEMICAL CO.

No. 83-5655.

757 F.2d 1215 (1985)

Saul Munoz SIBAJA, Rafaela Arrieta Porra, et al., Plaintiffs-Appellants, v. DOW CHEMICAL COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied May 23, 1985.

Attorney(s) appearing for the Case

Russell W. Budd, Frederick M. Baron & Associates, Jane Saginaw, Dallas, Tex., Robles & Robles, Miami, Fla., for plaintiffs-appellants.

Henry Burnett, Fowler, White, Burnett, Hurley, Banick & Strickroot, P.A., Miami, Fla., Fowler, White, Burnett, Hurley, Banick & Strickroot, P.A., Thomas F. Martin, Miami, Fla., R. Burton Ballanfant, Litigation Section, Shell Oil Co., Legal Dept., Houston, Tex., for Shell Oil.

Corlett, Killian, Hardeman, McIntosh & Levi, Michael B. Buckley, Leanne J. Frank, Miami, Fla., for Dow Chemical.

Before TJOFLAT and VANCE, Circuit Judges, and ATKINS, District Judge.

Rehearing and Rehearing En Banc Denied May 23, 1985.

PER CURIAM:

The district court dismissed this diversity case under the doctrine of forum non conveniens. The plaintiffs appeal, claiming that the Erie1 doctrine required the court to apply the state forum non conveniens rule which would have precluded the dismissal. We affirm.

I.

The plaintiffs are fifty-eight Costa Rican agricultural workers...

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