Legal Opinion · Concurring in part, dissenting in part

Vencedora Oceanica Navigacion, S.A. v. Compagnie Nationale Algerienne De Navigation

Court of Appeals for the Fifth Circuit

Decided April 5, 1984No. 82-2133Published

1Concurring in part, dissenting in partPatrick E. Higginbotham, Circuit Judge

I agree with the court’s able opinion except I am persuaded that “doing business” is a jurisdictional ground under clause one. This reading is consistent with the statuto*205ry language once we acknowledge the implausibility of a literal interpretation. It also has support in the legislative history, and carries out the primary purpose behind the statute. While wary of potential jurisdictional excesses and possibilities for affronts to foreign sovereigns presented by the “doing business” jurisdiction, I am persuaded that the remedy for such ills is faithful adherence to Congress’ mandate that the…

2Cases cited14 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. McGee v. International Life InsuranceSupreme Court of the United States · 1957
  3. Pennoyer v. NeffSupreme Court of the United States · 1878
  4. Verlinden B. v. v. Central Bank of NigeriaSupreme Court of the United States · 1983
  5. The BelgenlandSupreme Court of the United States · 1885

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