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HYOSUNG (AMERICA), INC. v. JAPAN AIR LINES CO., LTD.

No. 85 Civ. 2095 (RWS).

624 F.Supp. 727 (1985)

HYOSUNG (AMERICA), INC., Plaintiff, v. JAPAN AIR LINES CO., LTD. and Flying Tigers, Defendants.

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

October 23, 1985.

Attorney(s) appearing for the Case

Bingham Englar Jones & Houston (Chris Christofides, New York City, of counsel), for plaintiff.

Condon & Forsyth (Katherine B. Posner, Diane W. Wilson, New York City, of counsel), for defendant Japan Air Lines Co., Ltd.

Donovan, Maloof, Walsh & Kennedy (Joseph A. Scalzo, Paul H. Murphy, New York City, of counsel), for defendant Flying Tigers.

OPINION

SWEET, District Judge.

Defendant Flying Tigers ("Tiger") has moved pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure to dismiss this case brought by plaintiff Hyosung (America), Inc. ("Hyosung") for lack of subject matter jurisdiction. Joining Hyosung in opposing the motion is Tiger's co-defendant Japan Air Lines Co., Ltd. ("JAL"). For the reasons set forth below, the motion is denied.

The allegations in Hyosung's complaint...

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