Legal Opinion · Concurring in part, dissenting in part
Bowoon Sangsa Co. v. Micronesian Industrial Corp.
Court of Appeals for the Ninth Circuit
Decided October 25, 1983No. 81-4174Published
1Concurring in part, dissenting in partTrask, Circuit Judge
I concur in the panel’s opinion, except I respectfully dissent from the part holding Palau’s High Court to be subject to restraining orders issued by United States District Courts in limitation proceedings. It is my opinion that the Palauan High Court is the court of a foreign country and, therefore, not bound to apply the limitation of liability statute. Oceanic Steam Navigation Co. v. Mellor (The Titanic), 233 U.S. 718, 732-34, 34 S.Ct. 754, 755-56, 58 L.Ed. 1171 (1914); G. Gilmore & C. Black, The Law of Admiralty, 939 (2d ed. 1975).
The panel holds that the Palauan High Court is not a…
2Cases cited7 opinions
- Porter v. United StatesUnited States Court of Claims · 1974
- The People Of Saipan v. United States Department Of InteriorCourt of Appeals for the Ninth Circuit · 1974
- Oceanic Steam Navigation Co. v. MellorSupreme Court of the United States · 1914
- Cobb v. United StatesCourt of Appeals for the Ninth Circuit · 1951
- John D. McComish and Genevieve A. McComish v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1978
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