COMPLAINT OF AMERICAN PRESIDENT LINES, LTD.

Nos. 94 Civ. 7710 (RWS), 95 Civ. 3315 (RWS).

890 F.Supp. 308 (1995)

In the Matter of the Complaint of AMERICAN PRESIDENT LINES, LTD., as Owner of M/V President Washington, for Exoneration from or Limitation of Liability, In re the Complaint of HANJIN SHIPPING COMPANY, LTD., as Bareboat Charterer, and Highlight Navigation Corporation, as the sole owner of the vessel Hanjin Hong Kong, Lloyd's and IMO No. 8502896, for Exoneration from or Limitation of Liability.

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

June 27, 1995.


Attorney(s) appearing for the Case

Burlingham Underwood, New York City (Terry L. Stoltz, of counsel), for American President Lines, Ltd.

Healy & Baillie, New York City (John D. Kimball, of counsel), for Hanjin Shipping Company, Ltd., et al.

Mary Jo White, U.S. Atty. for the S.D. of N.Y., U.S. Dept. of Justice, New York City (Frank W. Hunger, Asst. Atty. Gen., Janis G. Schulmeisters, Attorney in Charge Torts Branch, Civ. Div., of counsel), for the U.S.

Chalos & Brown, P.C., New York City (Michael G. Chalos, Martin F. Casey, Harry A. Gavalas, of counsel), for claimants.

Marcigliano & Campise, New York City (David Y. Loh, of counsel), for Claimants Royal Ins. Co. of America.

Hill Rivkins Loesberg O'Brien Mulroy & Hayden, New York City (Raymond P. Hayden, of counsel), for Claimants Mitsui & Co.

Waesche, Sheinbaum & O'Regan, P.C., New York City (Donald M. Waesche, of counsel), for Claimants E.I. DuPont de Nemours & Co.

Law Offices of Dennis A. Cammarano, Long Beach, CA (Dennis A. Cammarano, of counsel), for Claimant Tee Top of California.

Kennedy & Lillis, New York City (Charles E. Schmidt, of counsel), for Claimant Mingtai Fire & Marine Ins. Co. et al.

Hill, Betts & Nash, New York City (Mark M. Jaffe, of counsel), for Claimant Orient Overseas Container Line, Inc.


OPINION

SWEET, District Judge.

Motions are before this Court relating to forum non conveniens, transfer of venue and choice of law in two related limitation proceedings arising out of the collision of two vessels in Korean waters.

For the reasons set forth below, in the limitation proceeding (the "APL Action") brought by American President Lines, Ltd. ("APL"), APL's motion to strike the Fifth affirmative defenses of Hanjin Shipping...

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