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McKEITHEN v. M/T FROSTA

Civ. A. Nos. 76-3251, 76-3275 and 76-3654.

435 F.Supp. 572 (1977)

Dorothy S. McKEITHEN, Individually and on behalf of her Deceased husband Charles F. McKeithen v. The M/T FROSTA, the M/V GEORGE PRINCE, A/S J. L. Mowinkels Rederi, and the Department of Highways of the State of Louisiana. In the Matter of A/S J. LUDWIG MOWINKELS REDERI, as owner of the M/T FROSTA, petitioning for exoneration from or limitation of liability. In the Matter of the DEPARTMENT OF HIGHWAYS, STATE OF LOUISIANA ex rel. William J. Guste, Jr., Attorney General, as owner of the M/V GEORGE PRINCE, petitioning for exoneration from or limitation of liability.

United States District Court, E. D. Louisiana.

June 30, 1977.

Attorney(s) appearing for the Case

Daniel E. Becnel, Jr., Reserve, La., Joel T. Chaisson, Destrehan, La., Eldon E. Fallon, A. Remy Fransen, Jr., New Orleans, La., James A. George, Baton Rouge, La., Salvador H. Gutierrez, Jr., John R. Martzell, New Orleans, La., for plaintiff.

Walter Carroll, Jr., Charles F. Lozes, Benjamin W. Yancey, New Orleans, La., for M/T Frosta and A/S J. L. Mowinkels Rederi and Assuranceforeningen Skuld (Gjensidig).

John P. Hammond, John R. Peters, Jr., Henry J. Read, New Orleans, La., for the M/V George Prince.

Nigel Rafferty, New Orleans, La., for Southern American Ins. Co.

Donald Ensenat, New Orleans, La., for Department of Highways, State of Louisiana.

Francis J. Mooney, Jr., New Orleans, La., for New Orleans-Baton Rouge Steamship Pilots Association and Nicholas F. Colombo.

ALVIN B. RUBIN, District Judge:

A non-resident maritime liability insurer has filed a motion to quash service and dismiss this diversity action for lack of jurisdiction on the basis that the State of Louisiana has not by statute asserted personal jurisdiction over, and has provided no method for service of process on, a non-resident insurer that in the regular course of its business insures vessels entering Louisiana waters against liability but does not solicit business...

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