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CANTUBA v. AMERICAN BUREAU OF SHIPPING AND MITSUBISHI HEAVY INDUSTRIES, LTD.

Nos. 2001-CA-1139, 2001-CA-1140, 2001-CA-1141, 2001-CA-1142.

811 So.2d 50 (2002)

Angelina CANTUBA v. THE AMERICAN BUREAU OF SHIPPING AND MITSUBISHI HEAVY INDUSTRIES, LTD. Marilyn Alba Dean, et al. v. The American Bureau of Shipping and Mitsubishi Heavy Industries, Ltd. Ekaterini Ioannides, et al. v. The American Bureau of Shipping and Mitsubishi Heavy Industries, Ltd. Marivic R. Silva, Avellina Besada, Johnathan Dean and Adelina Casinillo v. The American Bureau of Shipping and Mitsubishi Heavy Industries, Ltd., Salvage Association, Ltd. and Paul Francis Daniel.

Court of Appeal of Louisiana, Fourth Circuit.

Writs Denied May 10, 2002.

Attorney(s) appearing for the Case

David P. Gontar, Randy J. Ungar, George W. Byrne, Jr., Ungar & Byrne, New Orleans, LA, Counsel for Plaintiffs/Appellants.

James E. Wright, III, Robert B. Acomb, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, LLP, New Orleans, LA, Counsel for Defendant/Appellee (Mitsubishi Heavy Industries, Inc.).

A. Gordon Grant, Jr., Philip S. Brooks, Jr., Montgomery, Barnett, Brown, Read, Hammond & Mintz, L.L.P., New Orleans, LA, Counsel for Defendants/Appellees (The Salvage Association, Ltd. and Paul Francis Daniel).

David L. Carrigee, Burke & Mayer, New Orleans, LA, Counsel for Defendant/Appellee (The American Bureau of Shipping).

Court composed of Judge MIRIAM G. WALTZER, Judge MICHAEL E. KIRBY, and Judge DAVID S. GORBATY.

KIRBY, Judge.

Plaintiffs appeal the dismissal of their lawsuits on the basis of forum non conveniens, more than six years after the filing of said lawsuit.

STATEMENT OF THE CASE

The M/V MARIKA, a bulk carrier measuring 919 feet in length loaded with 140,000 tons of pelletized iron ore, sank in international waters on January 1, 1994 in a North Atlantic winter storm. The MARIKA, a vessel registered in Liberia, was on a voyage from Canada...

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