Joseph Muller Corp. Zurich v. Societe Anonyme de Gerance et D'Armement

314 F. Supp. 439 (1970)

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Joseph Muller Corp. Zurich v. Societe Anonyme de Gerance et D'Armement

United States District Court for the Southern District of New York
314 F. Supp. 439 (1970)

MP

Facts

Joseph Muller Corp. Zurich (Muller Corp.) (plaintiff), a Swiss corporation, sued the Societe Anonyme de Gerance et D’Arement (D’Armement), a French corporation, and others (defendants), in the United States District Court for the Southern District. The suit alleged breach of a written charterparty agreement and violations of the federal antitrust laws. D’Armement moved to dismiss the case for lack of subject matter jurisdiction under Federal Rule of Civil Procedure (FRCP) 12(b) and challenged Muller Corp.’s legal capacity to sue it in the United States. To support its motion, D’Armement cited a treaty entered by France and Sweden that requires plaintiffs to bring all civil and commercial suits between French and Swiss nationals in the defendant’s nation.

Rule of Law

Issue

Holding and Reasoning (MacMahon, J.)

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