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VOLKSWAGEN OF AMERICA, INC. v. S.S. SILVER ISLE

No. A 65-7.

257 F.Supp. 562 (1966)

VOLKSWAGEN OF AMERICA, INC., Import Motors of Chicago, Inc., and Midwestern VW Corp., Libelants, v. S.S. SILVER ISLE, her engines, boilers, etc., and Mohawk Navigation Company, Ltd., Respondents.

United States District Court N. D. Ohio, E. D.

March 29, 1966.

Attorney(s) appearing for the Case

Robert B. Preston, Arter, Hadden, Wykoff & Van Duzer, Cleveland, Ohio, Hill, Rivkins, Louis & Warburton, New York City, for libelants.

Thos. O. Murphy, Johnson, Branand & Jaeger, Lee C. Hinslea, McCreary, Hinslea & Ray, Cleveland, Ohio, Beauregard, Brisset & Reycraft, Montreal, Quebec, for respondents.

MEMORANDUM RE: MOTION TO DISMISS

KALBFLEISCH, District Judge.

This libel in admiralty was filed against respondents for alleged damage to libelants' cargo which was on board the S.S. Prins Alexander at the time a collision occurred between respondent S. S. Silver Isle and the Prins Alexander.

Respondents admit that this Court has jurisdiction, but contend that the Court should decline jurisdiction under the rule of Canada Malting Co. v. Paterson...

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