Legal Opinion

ESI, Inc. v. Coastal Power Production Co.

District Court, S.D. New York

Decided March 2, 1998No. 96 CIV. 7381(WCC)PublishedCited by 60 opinions

1Opinion of the Court

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

This diversity action arises from a dispute as to the parties’ relative ownership interests in an electrical generating power plant located in El Salvador. Presently before the Court is a motion to dismiss brought by defendant Coastal Power Production Company a/k/a Coastal Power Company (“Coastal”). Coastal seeks dismissal of the Amended Complaint (1) pursuant to Fed.R.Civ.P. 12(b)(3) on the ground of improper venue, (2) on the ground of forum non conveniens, and (3) pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon…

2Cases cited62 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  3. Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
  4. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  5. Golden v. ZwicklerSupreme Court of the United States · 1969

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3Cited by60 opinions

  1. Nakahata v. New York-Presbyterian Healthcare System, Inc.Court of Appeals for the Second Circuit · 2013
  2. Greenberg Traurig of New York, P.C. v. Moody, Texas Court of Appeals, 14th District (Houston)2005
  3. Securities Investor Protection Corp. v. Stratton Oakmont, Inc.United States Bankruptcy Court, S.D. New York · 1999
  4. Duha v. Agrium, Inc.Court of Appeals for the Sixth Circuit · 2006
  5. Wahlstrom v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 2000

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