Motor Distributors, Limited v. Olaf Pedersen's Rederi A/s Owner of the Sunny Prince

TUTTLE, Circuit Judge.

This appeal requires an answer to two questions: (1) Under what circum stances should a district court dismiss a libel in rem filed against a foreign ship by nationals of other foreign countries in a cause arising out of a collision on the high seas between foreign vessels of different nationalities on the ground that all parties at interest are citizens of foreign states? (2) To what extent is the exercise by the trial court of its discretion in answering this question subject to review in the Court of Appeals?

This is an appeal from an order dismissing a libel against…