Bulkley, Dunton Paper Co. v. the Rio Salado

S.D. New York

Bulkley, Dunton Paper Co. v. the Rio Salado

67 F. Supp. 115, 1946 U.S. Dist. LEXIS 2300

CourtDistrict Court, S.D. New York

DecidedMarch 19, 1946

StatusPublished

Cited by4 cases

This text of 67 F. Supp. 115 (Bulkley, Dunton Paper Co. v. the Rio Salado) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bulkley, Dunton Paper Co. v. the Rio Salado, 67 F. Supp. 115, 1946 U.S. Dist. LEXIS 2300 (S.D.N.Y. 1946).

Pincite

Opinion

CAFFEY, District Judge.

The litigants are nationals of the Argentine Republic. In consequence, this court is empowered to decline to take or retain jurisdiction. Charter Shipping Co. v. Bowring, etc., 281 U.S. 515, 5.17, 518, 50 S.Ct. 400, 74 L.Ed. 1008;- Canada Malting Co. v. Paterson Co., 285 U.S. 413, 418-421, 52 S.Ct. 413, 76 L.Ed. 837.

The moving affidavit states that the witnesses are available in the Argentine and their testimony can more easily be obtained there. In addition, the calendar of this court is crowded. Accordingly, I feel that, in the exercise of my discretion, the court should not accept jurisdiction.

It has been suggested that the delay in instituting suit in the Argentine might enable the respondent to interpose the statute ■of limitations. However, this will not cause difficulty in the present 'action because counsel for the respondent in open court has stipulated that the defense of limitation will not be pleaded.

Accordingly, the motion to refuse jurisdiction and to dismiss the libel is granted. Settle order on two days’ notice.

Free access — add to your briefcase to read the full text and ask questions with AI