Insurance Company Of North America v. Marina Salina Cruz

649 F.2d 1266 INSURANCE COMPANY OF NORTH AMERICA, and Crystal Boat Company, a State of Washington, United States of America, partnership, Plaintiffs-Appellees, v. MARINA SALINA CRUZ, a naval shipyard owned and operated by the Republic of Mexico, Defendant-Appellant. No. 79-4050. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 11, 1980. Decided Feb. 23, 1981. Beverly May Carl, Dallas, Tex., argued for defendant-appellant; Gordon J. Tans, James M. Powell, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, Alaska, on brief. Julian Mason, Anchorage, Alaska, argued for plaintiffs-appellees; Dunn, Baily & Mason, Anchorage, Alaska, Mark S. Cole, Seattle, Wash., on brief. Appeal from the United States District Court for the District of Alaska. Before WALLACE, HUG and SCHROEDER, Circuit Judges. WALLACE, Circuit Judge: 1 Marina Salina Cruz (the shipyard) secured permission to appeal, pursuant to 28 U.S.C. § 1292 (b), from the district court's denial of a motion to dismiss. The shipyard contends: (1) that the district court lacks personal jurisdiction over the shipyard, (2) that sovereign immunity bars the action, and (3) that the action should be…