[Download] "Calavo Growers of California v. Belgium" by Second Circuit United States Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Calavo Growers of California v. Belgium
- Author : Second Circuit United States Court Of Appeals
- Release Date : January 04, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Calavo Growers of California appeals from a judgment of the United States District Court for the Southern District of New York, Robert W. Sweet, J., that found jurisdiction over defendants, eighteen foreign insurance underwriters, but dismissed on the ground of forum non conveniens Calavos action for breach of contract and fraud. Sixteen of the underwriters cross-appeal from so much of the judgment as denied their motion to dismiss on the ground of lack of jurisdiction. Calavo argues that the lower court properly found jurisdiction over these underwriters but erred in holding that New York was an inconvenient forum; in contrast, the cross-appellants contend that the court erred as to jurisdiction, but correctly decided the issue of forum non conveniens. Since we conclude that the district judge did not abuse his discretion in dismissing this action on the basis of forum non conveniens, we find it unnecessary at this time to determine whether he erred in finding jurisdiction over the cross-appellant underwriters. We believe, however, that a forum non conveniens dismissal of plaintiffs action should have been conditioned on the agreement of all the underwriters to terms set forth below; accordingly, we remand this case for further proceedings consistent with this opinion.