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HUGHES DRILLING FLUIDS v. M/V LUO FU SHAN

No. 87-3607.

852 F.2d 840 (1988)

HUGHES DRILLING FLUIDS, Plaintiff-Appellant, v. M/V LUO FU SHAN, its engines, tackle, apparel, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 22, 1988.

Attorney(s) appearing for the Case

F.A. Courtenay, Jr., Julianne Owens, Courtenay, Forstall, Grace & Hebert, New Orleans, La., for plaintiff-appellant.

James H. Roussel, Conrad S.P. Williams, III, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for defendants-appellees.

Before THORNBERRY, WILLIAMS, and DAVIS, Circuit Judges:

W. EUGENE DAVIS, Circuit Judge:

Hughes Drilling Fluids (Hughes), the owner of cargo aboard the defendant's vessel, appeals the dismissal of its suit for declaratory judgment seeking a declaration of its general average obligation. The district court concluded that the forum selected in the bill of lading, the Republic of China, was binding on the parties and dismissed the suit. We conclude that the forum selection clause conflicts with the Carriage of Goods by Sea...

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