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KELSO ENTERPRISES, LTD. v. M/V WISIDA FROST

No. CV 97-5450 ABC (BQRX).

8 F.Supp.2d 1197 (1998)

KELSO ENTERPRISES, LTD., Plaintiff, v. M/V WISIDA FROST, her engines, boilers, tackle, machinery, appurtenances, etc., in rem; Master of the M/V Wisida Frost; Wissell II, Ltd., a business entity; and Rederaktienboglaget Gustaf Erikson, a business entity, in personam, Defendants. UNION DE BANANEROS ECUATORIANOS S.A., Plaintiff-Intervenor, v. M/V WISIDA FROST, et. al., Defendants.

United States District Court, C.D. California.

February 4, 1998.

Attorney(s) appearing for the Case

Joseph N. Mirkovich, Steven Y. Otera, Russell & Mirkovich, long Beach, CA, Of Counsel, John R. Keough, Waesche, Sheinbaum & O'Regan, New York City, for Kelso Enterprises, Ltd.

George W. Nowell, Paul B. Arenas, Law Offices of George W. Nowell, San Francisco, CA, for Union De Bananeros Ecuatorianos, S.A.

Alan Nakazawa, David E.R. Woolley, Mitchell F. Ducey, Cogswell, Woolley, Nakazawa & Russell, Long Beach, CA, for M/V Wisida Frost and Wissell II, Ltd.

ORDER RE: DEFENDANTS' MOTION TO DISMISS PURSUANT TO ENGLISH FORUM SELECTION CLAUSE IN BILLS OF LADING

COLLINS, District Judge.

After reviewing the materials submitted by the parties and the case file, it is hereby ORDERED that Defendants' motion to dismiss is GRANTED.

I. Background

A. Procedural History

On July 24, 1997, Plaintiff KELSO ENTERPRISES, LTD. ("Kelso") filed a Complaint against M/V WISIDA FROST, her engines, boilers...

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