PANACONTI SHIPPING CO., S.A. v. M/V YPAPANTI

No. 88-3165.

865 F.2d 705 (1989)

PANACONTI SHIPPING CO., S.A., Plaintiff-Appellant, v. M/V YPAPANTI, her engine, tackle, and apparel, etc., in rem, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 17, 1989.


Attorney(s) appearing for the Case

Burke & Mayer, James O.M. Womack, New Orleans, La., for plaintiff-appellant.

Phelps, Dunbar, Marks, et al, Christopher O. Davis, New Orleans, La., for defendants-appellees.

Before JOHNSON, JOLLY and JONES, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

The holder of a ship mortgage, who sued to foreclose on the mortgage, appeals the district court's dismissal of the complaint for lack of in rem jurisdiction over the vessel and for forum non conveniens with respect to the in personam claim against the shipowner. Finding that a stipulation executed by the parties at the outset of the litigation adequately supports the court's jurisdiction over the vessel and the...

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