KIRBY v. NORFOLK SOUTHERN RAILWAY CO.

No. Civ.A.1:98-CV-2939TW.

71 F.Supp.2d 1363 (1999)

James N. KIRBY, PTY Ltd. d/b/a Kirby Engineering, and MMI General Insurance, Ltd., Plaintiffs, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

November 8, 1999.


Attorney(s) appearing for the Case

Steven J. Kyle, J.S. Scott Busby, Bovis Kyle & Burch, Atlanta, GA, for James N. Kirby, PTY Ltd., plaintiff.

Richard Kennon Hines, Taylor Tapley Daly, Nelson Mullins Riley & Scarborough, Atlanta, GA, for Norfolk Southern Railway Company, defendant.

Steven J. Kyle, J.S. Scott Busby, Bovis Kyle & Burch, Atlanta, GA, for MMI General Insurance Limited, plaintiff.


ORDER

THRASH, District Judge.

This is an action in tort, bailment, and for breach of a shipping contract to recover damages for equipment damaged during shipping. It is before the Court on Defendant's Motion to Enjoin Plaintiffs From Pursuing a Parallel Cause of Action in Australia [Doc. 12]. At issue is the standard by which the Court should issue an antisuit injunction against prosecution of a parallel foreign in personam action. For the...

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