HODES v. S.N.C. ACHILLE LAURO ED ALTRI-GESTIONE

Nos. 88-5086, 88-5092.

858 F.2d 905 (1988)

Frank R. HODES, Mildred Hodes v. S.N.C. ACHILLE LAURO ed ALTRI-GESTIONE Montonoave Achille Lauro in Amministrazione Straordinaria and Commissario of the Flotta Achille Lauro in Amministrazione Straordinaria and Chandris (Italy), Inc. (Two Cases). Appeal of CHANDRIS, INC. Appeal of LAURO LINES S.R.L.

United States Court of Appeals, Third Circuit.

Decided September 22, 1988.


Attorney(s) appearing for the Case

Daniel J. Dougherty (argued), Kirlin, Campbell & Keating, Caldwell, N.J., for appellant in No. 88-5086 — Chandris, Inc.

John R. Geraghty, Raymond A. Connell (argued), Healy & Baillie, Bergenfield, N.J., for appellant in No. 88-5092 — Lauro Lines S.R.L.

Stanley M. Brand, Abbe David Lowell, Sean Connelly (argued), Brand & Lowell, Washington, D.C., for appellees.

Before GIBBONS, Chief Judge, and HIGGINBOTHAM, Circuit Judge, and ROTH, District Judge.


OPINION OF THE COURT

ROTH, District Judge.

Appellants, defendants below, contest the refusal of the district court to enforce a foreign forum selection clause contained in a cruise ship ticket, purchased by appellees, plaintiffs below, Mildred and Frank Hodes. Finding that the clause satisfies the "reasonable communicativeness" test this court set forth in Marek v. Marpan Two, Inc., 817 F.2d 242 (3d Cir.), cert...

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