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451 F.2d 349

Docket No. 71-1246.

Yohanes v. Ayers Steamship Co.

Fifth Circuit Court of Appeals

Decided Nov. 16, 1971.

Rehearing Denied Dec. 8,1971.

Fifth Circuit Court of Appeals · decided 1971-11-16

2 counsel of record

Relies on Lauritzen v. Larsen · Hellenic Lines Limited v. Rhoditis · United States v. Acme Process Equipment Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-11-16

How this case has been cited

Cited by 10 later decisions — most recently October 1990

7 federal appellate · 1 state decisions

50197119801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*350Shirley Ann Basile, David Gertler, New Orleans, La., for plaintiff-appellant.

¶2Paul A. Nalty, William A. Ransom, III, New Orleans, La., for defendant-appellee.

¶3Before GEWIN, GOLDBERG and DYER, Circuit Judges.

¶4PER CURIAM:

¶5The appellant Yohanes complains of the district court’s action in dismissing his complaint upon defendant’s motion for summary judgment.1 There is no dispute as to the material facts. We affirm.

¶6Yohanes is a Greek seaman who sued for damages for personal injuries allegedly sustained aboard the S/S SKI-NOS on April 6, 1970, when the vessel was in the port of New Orleans. Yohanes brought suit under the Jones Act and general maritime law against the foreign chartered and owned corporations which owned and operated the vessel and the domestic corporation which acted as the general agent for the time-charterer of the vessel. The S/S SKINOS is a vessel of Greek registration and flag. The employment contract was entered into in Piraeus, Greece, and Yohanes signed aboard the vessel in Germany.

¶7Our review of the record and briefs in this case convinces us that the district court did not abuse its discretion in granting the defendants’ motion for summary judgment dismissing the complaint. The district court carefully considered the facts here involved in light of the factors outlined in Lauritzen v. Larsen, 345 U.S. 571, 73 S.Ct. 921, 97 L.Ed. 1254 (1953). The court’s detailed analysis was proper and we find that the record supports his conclusion that the Jones Act is not applicable 2and that the court should decline jurisdiction of the general maritime claim on the grounds of forum non conveniens. Anastasiadis v. S/S Little John, 346 F.2d 281 (5th Cir. 1965), cert. denied 384 U.S. 920, 86 S.Ct. 1368, 16 L.Ed.2d 440 (1966).

¶8The judgment is affirmed.

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