Ecuadorian Gulf Oil Co. v. Atlantic Richfield Co.
Opinion
lead Opinion
Williams, J.
ORDER DENYING MOTION TO STRIKE VOLUNTARY DISMISSAL
On July 16, 1976, plaintiff filed its complaint charging defendant Atlantic Rich-field Company with wrongfully converting to its own use a cargo of Ecuadorian oriente crude oil in which plaintiff claims an ownership interest. The defendant did not file an answer, but on October 28, 1976 filed a third-party complaint against Marc Rich & Company, a Swiss corporation, for breach of warranties of title and for indemnity. On November 15, 1976 at 10:01 A.M. plaintiff filed a notice of dismissal without prejudice under Federal Rules of Civil Procedure 41(a)(1). On the same day at 5:01 P.M. the defendant and the third-party defendant (hereinafter referred to jointly as defendants) filed a motion for dismissal of the complaint or for summary judgment upon the grounds that (1) the Doctrine of Forum Non Conveniens requires this court to decline jurisdiction; (2) the complaint fails to join persons whose joinder is required, but over whom this court is unable to obtain jurisdiction; and (3) the Act of State Doctrine precludes judicial inquiry into the acts of the government of Ecuador which are called into question by this lawsuit.