STEMCOR USA v. HYUNDAI MERCHANT MARINE CO., LTD.

No. 99 Civ. 9162(GBD).

386 F.Supp.2d 229 (2005)

STEMCOR USA, Plaintiff, v. HYUNDAI MERCHANT MARINE CO., LTD., Stevedores, Inc., Reserve Marine Terminals, Inc., and the M/V Dimitra, her engine, boilers, tackle, etc., in rem, Defendants. Hyundai Merchant Marine Co., Ltd., Cross-claimant, v. Stevedores, Inc. and Reserve Marine Terminals, Inc., Cross-defendants.

United States District Court, S.D. New York.

January 12, 2005.


Attorney(s) appearing for the Case

Herbert B. Halberg, Beck & Halberg, New York, NY, for Plaintiff.

Elizabeth Smith, Mahoney & Keane LLP, New York, NY, for Defendant and Cross-claimant Hyundai Merchant Marine Co., Ltd.

John F. Keating, Jr., Hill Betts & Nash LLP, New York, NY, for Defendant and Cross-defendant Stevedores, Inc.

Thomas D. Toy, Hill, Rivkins & Hayden LLP, New York, NY, for Defendant and Cross-defendant Reserve Marine Terminals, Inc.


OPINION AND ORDER

DANIELS, District Judge.

Plaintiff Stemcor USA, Inc. ("Stemcor") sues defendants Hyundai Merchant Marine Co., Ltd. ("Hyundai"), Stevedores, Inc. ("Stevedores"), and Reserve Marine Terminals, Inc. ("Reserve") for damages arising from alleged mishandling of cargo shipped aboard the vessel M/V Dimitra ("Dimitra").1 Hyundai moves to dismiss the complaint based on the forum selection clause contained in the carriage...

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