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NEW MOON SHIPPING CO., LTD. v. MAN B & W DIESEL AG

No. 304, Docket 96-7289.

121 F.3d 24 (1997)

NEW MOON SHIPPING COMPANY, LIMITED and International Marine Investors and Management Corporation, Plaintiffs-Appellants, v. MAN B & W DIESEL AG, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 18, 1997.

Attorney(s) appearing for the Case

Richard H. Sommer, New York City (Victor P. Corso, Kirlin, Campbell & Keating, New York City, of counsel), for Plaintiffs-Appellants.

Christopher H. Mansuy, New York City, (William E. Lakis, Walker & Corsa, New York City, of counsel), for Defendant-Appellee.

Before NEWMAN, Chief Judge, CARDAMONE and McLAUGHLIN, Circuit Judges.

CARDAMONE, Circuit Judge:

Plaintiffs ship owner and its agent brought suit in the United States District Court for the Southern District of New York (Griesa, C.J.) against defendant for breach of contract and negligent repair of a ship. Invoking a forum selection clause that made Germany the litigation forum, defendant moved to dismiss plaintiffs' complaint. Relying on the pleadings, affidavits, and other papers before it, the district court granted the motion on...

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