Sause Brothers Ocean Towing Co., Inc., a Corporation, as Owner/charter T/v Ocean Service v. David Leblanc (Leblanc Claimants), Claimants-Appellants

Good Law
37 F.3d 1506·1994 WL 561837·1994 U.S. App. LEXIS 36376
United States Court of Appeals for the Ninth CircuitOctober 13, 199493-35110California1,916 words

Opinion

Opinion

37 F.3d 1506 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SAUSE BROTHERS OCEAN TOWING CO., INC., a corporation, as Owner/Charter; T/V OCEAN SERVICE; Plaintiffs-Appellees, v. David LeBLANC, et al. (LeBlanc claimants), Claimants-Appellants. No. 93-35110. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 14, 1994. Decided Oct. 13, 1994. 1 Before: TANG, FERGUSON and WIGGINS, Circuit Judges 2 MEMORANDUM * 3 David LeBlanc and 288 other claimants (collectively "Claimants" or "Appellants") appeal the district court's denial of their request to enjoin a Canadian action filed by Sause Brothers Ocean Towing company ("Sause"). They argue that the district court abused its discretion because: (1) Sause should be bound to litigate only in the District of Oregon because Sause forced Appellants to litigate there; (2) the "saving to suitors" clause in 28 U.S.C. Sec. 1333 gives the Appellants a right to litigate where they choose; (3) Sause's suit in British…

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