Zen Noh Grain Corp v. Theogennitor MV

U.S. Court of Appeals for the Fifth Circuit

Zen Noh Grain Corp v. Theogennitor MV

Opinion

United States Court of Appeals Fifth Circuit F I L E D February 16, 2004 In the Charles R. Fulbruge III United States Court of Appeals Clerk for the Fifth Circuit _______________

m 03-30230 _______________

ZEN-NOH GRAIN CORPORATION,

Plaintiff,

VERSUS

THEOGENNITOR M/V, HER ENGINES, TACKLE, FURNITURE, APPAREL, ETC.; ET AL.,

Defendants.

*********************

AMERICAN GUARANTEE & LIABILITY INSURANCE COMPANY,

Plaintiff-Appellant,

VERSUS

MUNICH REINSURANCE COMPANY; TANKERTRADE MARINE, LIMITED COMPANY; POLEMBROS SHIPPING LIMITED; NEW REINSURANCE CORPORATION; GENERAL REINSURANCE CORPORATION; GLOBAL CAPITAL REINSURANCE LIMITED; GE FRANKONA REINSURANCE LIMITED, FORMERLY KNOWN AS FRANKONA REINSURANCE COMPANY; REINSURANCE AUSTRALIA CORPORATION LIMITED,

Defendants-Appellees. _________________________

Appeal from the United States District Court for the Eastern District of Louisiana m H-02-CV-4871 _________________________

Before JONES, MAGILL,* AND SMITH, Circuit Judges.

PER CURIAM:**

In this insurance dispute, the district court dismissed on the ground of forum non con- veniens. We have read the briefs and have heard the arguments of counsel and have con- sulted applicable portions of the record. We conclude that the district court did not abuse its discretion in “finding that England is the better forum for litigation of these issues.”

The district court explained its reasons in a careful and thorough “Order and Reasons” en- tered December 18, 2002. The court consid- ered all the applicable factors, including the adequacy of the English forum and the ap- plicable public and private factors. The judg- ment is AFFIRMED, essentially for the rea- sons provided by the district court.

* Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by desig- nation. ** Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be pub- lished and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

2

Reference

Status
Unpublished