Mihalinos
Mihalinos v. Liberian S.S. Trikala
Opinion
Opinion
Turrentine, J.
MEMORANDUM OF DECISION
This is an action in admiralty, in rem against the vessel TRIKALA (ex NILOS) and in personam against the three other defendants.
The libel is in four counts: (.1) Earned wages, under 46 U.S.C.A. §§ 596 and 597; (2) Statutory penalties for failure to pay earned wages without sufficient cause, under 46 U.S.C.A. §§ 596 and 597; (3) Unseaworthiness under the general maritime law, and negligence under the Jones Act ; (4) Maintenance and cure under the general maritime law.
The libel was filed on March 31, 1971. No answer has been received; instead, defendants on November 1, 1971, moved for an order dismissing plaintiff’s libel on the grounds that this court has no personal jurisdiction over defendants, that plaintiff’s complaint fails to state a claim upon which relief can be granted, that plaintiff has agreed to litigate all his claims in Greece, and upon the doctrine of forum non conveniens. Defendants have supported their motion to dismiss with affidavits. Plaintiff filed no affidavits and presented no evidence at the hearing of defendants’ motion. For the reasons set forth herein, the court concludes that defendants’ motion should be granted.