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McCLENAHAN v. PARADISE CRUISES, LTD.

Civ. Nos. 94-00367 SPK, 94-00366 SPK.

888 F.Supp. 120 (1995)

Phillip James McCLENAHAN, Plaintiff, v. PARADISE CRUISES, LTD.; John Does 1-20; Mary Does 1-20; Doe Corporations 1-20; Doe Partnerships 1-20; Doe Associates 1-20; Doe Governmental Agencies 1-20; and Other Entities 1-20, In Personam, and M/V Holo Holo Kai O.N. 273420 a vessel and her engines, equipment, tackle, stores, furnishings, cargo and freight; and Doe Vessels 1-20; In Rem, Defendants. PARADISE CRUISES, LTD., Third-Party Plaintiff, v. SNUBA OF OAHU, INC. and Daniel Rodan, Third-Party Defendants. Felicia Marie FAKHOURI, Plaintiff, v. PARADISE CRUISES, LTD.; John Does 1-20; Mary Does 1-20; Doe Corporations 1-20; Doe Partnerships 1-20; Doe Associates 1-20; Doe Governmental Agencies 1-20; and Other Entities 1-20, In Personam, and M/V Holo Holo Kai O.N. 273420 a vessel and her engines, equipment.

United States District Court, D. Hawai`i.

May 19, 1995.

Attorney(s) appearing for the Case

Jay L. Friedheim, Honolulu, HI, for plaintiffs Phillip James McClenahan and Felicia Marie Fakhouri.

John O'Kane, Jr., Alcantara & Frame, Honolulu, HI, for defendants Paradise Cruises, Ltd. and M/V Holo Holo Kai and third-party plaintiff Paradise Cruises, Ltd.

Richard A. Lesser, Hruska & Lesser, Redondo Beach, CA, for third-party defendants Snuba of Oahu, Inc. and Daniel Rodan.

ORDER DENYING THIRD-PARTY DEFENDANTS' MOTION TO DISMISS

SAMUEL P. KING, District Judge.

OVERVIEW

Third-Party Defendants SNUBA of Oahu, Inc. and Daniel Rodan (collectively "SNUBA") move to dismiss this action for lack of subject matter jurisdiction. SNUBA asserts that there is no admiralty or maritime jurisdiction under 28 U.S.C. § 1333. The matter was argued and submitted on May 13, 1995. Jay Friedheim, Esq. appeared for Plaintiffs...

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