Del Monte Corp. v. Everett Steamship Corp.

ORDER

PECKHAM, District Judge.

Plaintiff sues defendants on contract for alleged damage to cargoes of bananas carried by defendants from ports in the Philippines to ports in Japan. Plaintiff, who brings this action as the assignee of the consignee of the cargoes, invokes the admiralty and maritime jurisdiction of this court.

Defendant now moves for dismissal of the action pursuant to Rule 12(b) of the Federal Rules of Civil Procedure on the grounds that this court does -not have personal jurisdiction over defendants; that this court should invoke the doctrine of forum non conveniens; and that…