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IN RE RATIONIS ENTERPRISES, INC. OF PANAMA

No. 00-7935.

261 F.3d 264 (2001)

In the Matter of the Complaint of RATIONIS ENTERPRISES, INC. OF PANAMA, as Owner, and Mediterranean Shipping Co., S.A. of Geneva, as Bareboat Charterer of the M/V MSC Carla for Exoneration from or Limitation of Liability. Hyundai Mipo Dockyard Co., Ltd., Third-Party-Defendant-Appellant, v. AEP/BORDEN INDUSTRIES; Angelo Brothers, Co.; Cummins Engine Company, Inc., Third-Party-Plaintiffs-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 3, 2001.

Attorney(s) appearing for the Case

Raymond J. Burke, Jr., Burke & Parsons, (Christopher H. Dillon and Chan W. Sung, of counsel), New York, NY, for Third-Party-Defendant-Appellant.

Edward C. Radzik, Donovan Parry McDermott & Radzik (William E. Ecenbarger, Jr., of counsel), New York, NY, for Third-Party-Plaintiffs-Appellees.

Before WINTER, STRAUB, and POOLER, Circuit Judges.

WINTER, Circuit Judge:

Hyundai Mipo Dockyard Co., Ltd. ("HMD"), a Korean shipyard, appeals from Judge Owen's order enjoining it from proceeding with a declaratory judgment action in Korea. See In re Complaint of Rationis Enters., Inc., No. 97 CV 9052, 2000 WL 1015918 (S.D.N.Y. July 24, 2000). HMD argues that: (i) the district court gave undue weight to improper factors when it decided to issue the antisuit injunction; (ii) the court erred by refusing to conduct...

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