Legal Opinion
Ormet Primary Aluminum Corp. v. M/V Fu an Cheng
District Court, E.D. Louisiana
Decided September 18, 2009No. Civil Action 08-1667Published
1Opinion of the Court
ORDER AND REASONS
MARTIN L. C. FELDMAN, District Judge.
Before the Court is Xiamen Ocean Shipping Company’s Motion to Dismiss pursuant to Rule 12(b)(1) or 12(b)(3). For the reasons that follow, the motion is GRANTED.
Background
In February 2007, the Xiamen Ocean Shipping Company and D.R.S. Shipping Company received and loaded a shipment of baked carbon anode aboard the M/V FU AN CHENG at the port of Qingdao, China, for shipment to the port of New Orleans, Louisiana. When the cargo arrived in New Orleans, it was delivered in a damaged condition (which Xiamen Ocean disputes). Plaintiffs allege that…
2Cases cited8 opinions
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Haynsworth v. the CorporationCourt of Appeals for the Fifth Circuit · 1997
- City of New Orleans v. Municipal Administrative Services, Inc.Court of Appeals for the Fifth Circuit · 2004
- Keaty v. Freeport Indonesia, Inc.Court of Appeals for the Fifth Circuit · 1974
- Caldas & Sons, Inc. v. WillinghamCourt of Appeals for the Fifth Circuit · 1994
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