KLINGHOFFER v. S.N.C. ACHILLE LAURO

Nos. 85 Civ. 9303(LLS), 85 Civ. 9708(LLS), 86 Civ. 4657(LLS), 86 Civ. 6332(LLS), 88 Civ. 7137(LLS) and 88 Civ. 7281(LLS).

739 F.Supp. 854 (1990)

Ilsa KLINGHOFFER and Lisa Klinghoffer Arbitter, as Co-Executrixes of the Estates of Leon and Marilyn Klinghoffer, Plaintiffs, v. S.N.C. ACHILLE LAURO ED ALTRI-GESTIONE MOTONAVE ACHILLE LAURO IN AMMINISTRAZIONE STRAORDINARIA; Commissario of the Flota Achille Lauro in Amministrazione Straordinaria; Chandris (Italy) Inc.; Port of Genoa, Italy; Club A.B.C. Tours, Inc.; and Crown Travel Service, Inc., d/b/a Rona Travel and/or, Club A.B.C. Tours, Defendants. Sophie CHASSER, et al., Plaintiffs, v. ACHILLE LAURO LINES, et al., Defendants. Viola MESKIN, et al., Plaintiffs, v. ACHILLE LAURO LINES, et al., Defendants. Donald SAIRE, et al., Plaintiffs, v. ACHILLE LAURO ED ALTRI-GESTIONE M/N ACHILLE LAURO S.N.C., et al., Defendants. Frank R. HODES and Mildred Hodes, Plaintiffs, v. PALESTINE LIBERATION ORGANIZATION, An Unincorporated Association, John Doe, President, P.L.O, and Richard Roe, Treasurer, P.L.O., Defendants. Donald E. SAIRE and Anna G. Saire, Plaintiffs, v. PALESTINE LIBERATION ORGANIZATION, and John Doe as President and Don Roe as Treasurer of the Palestine Liberation Organization, Defendants.

United States District Court, S.D. New York.

June 7, 1990.


Attorney(s) appearing for the Case

Healy & Baillie (John R. Geraghty, Raymond A. Connell, Andrew V. Buchsbaum, of counsel), New York City, for defendant Achille Lauro.

Kirlin, Campbell & Keating (Daniel J. Dougherty, Robert Higgins, of counsel), New York City, for defendant Chandris.

Rubin, Hay & Gould, P.C. (Rodney E. Gould, of counsel), Framingham, Mass., for defendant Crown Travel.

Ramsey Clark, Lawrence W. Schilling, New York City, for defendant PLO.


OPINION AND ORDER

STANTON, District Judge.

The Palestine Liberation Organization (the "PLO") moves pursuant to Fed.R. Civ.P. 12(b)(1), (2), (5), (6) and 17(b) to dismiss the complaints and third-party complaints against it on the grounds of lack of subject matter or personal jurisdiction, insufficiency of service of process, failure to state a claim and lack of capacity to be sued. The motion was argued on March 8, 1989 but its consideration was deferred...

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