Opinion · Court of Appeals for the Second Circuit

Dionysios Frangiskatos v. Konkar Maritime Enterprises, S.A., and Liberian M/v Konkar Pioneer

Dionysios Frangiskatos v. Konkar Mar. Enters., S.A., & Liberian M/v Konkar Pioneer, 471 F.2d 714 (2d Cir. 1972)

Type: Opinion
Court: Court of Appeals for the Second Circuit
Jurisdiction: Federal
Date: 1972-12-14
Topic: antitrust

PER CURIAM: From October 30, 1968 to January 5, 1969, Dionysios Frangiskatos, a Greek national admitted to permanent residence in the United States on September 8, 1970, was a third engineer aboard the MV Konkar Pioneer, a Liberian Flag ship. The Pioneer is owned and operated by Konkar Maritime Enterprises, S.A., a Panamanian corporation having its principal place of business in Athens, Greece. The shipowner’s sole stockholders are Greek citizens who do not maintain any residence in the United States. Frangiskatos brought this action under the Jones Act, 46 U.S.C. § 688 and the general maritime law, to recover damages, allegedly sustained in Japan, where Frangiskatos signed on as a member of the Pioneer’s crew, and on the seas between Japan and Australia during the course of the ship’s voyage. The Pioneer has never called at a port in the United States, nor has it ever derived income from American sources.

Citator

UpLaw has not yet analyzed Dionysios Frangiskatos v. Konkar Maritime Enterprises, S.A., and Liberian M/v Konkar Pioneer. The absence of a flag is not a finding that it is good law.

Cited by: 9 opinions

FRANGISKATOS v. KONKAR MARITIME ENTERPRISES,471 F.2d 714(2nd Cir. 1972)

DIONYSIOS FRANGISKATOS, APPELLANT, v. KONKAR MARITIME ENTERPRISES, S.A.,

APPELLEE,

AND

LIBERIAN M/V KONKAR PIONEER ET AL., DEFENDANTS.

No. 207, Docket 72-1765.

United States Court of Appeals, Second Circuit.

Argued December 12, 1972.

Decided December 14, 1972.

John P. Cassapoglou, New York City (Burt M. Morewitz, Newport News, Va., of counsel), for appellant.

John R. Geraghty, Charles N. Fiddler, New York City (Kirlin, Campbell Keating, New York City), for appellee.

Appeal from the United States District Court for the Southern District of New York.

Before KAUFMAN, ANDERSON and OAKES, Circuit Judges.

PER CURIAM:

[1] From October 30, 1968 to January 5, 1969, Dionysios Frangiskatos, a Greek national admitted to permanent residence in the United States on September 8, 1970, was a third engineer aboard theMV Konkar Pioneer,a Liberian Flag ship. ThePioneeris owned and operated by Konkar Maritime Enterprises, S.A., a Panamanian corporation having its principal place of business in Athens, Greece. The shipowner's sole stockholders are Greek citizens who do not maintain any residence in the United States. Frangiskatos brought this action under the Jones Act, 46 U.S.C. § 688 and the general maritime law, to recover damages, allegedly sustained in Japan, where Frangiskatos signed on as a member of thePioneer'screw, and on the seas between Japan and Australia during the course of the ship's voyage. ThePioneerhas never called at a port in the United States, nor has it ever derived income from American sources. Konkar Maritime Enterprises, S.A. maintains a shipping office in New York, known as Konkar Maritime New York Agencies, Ltd., which assists in negotiating time charter agreements, and forwards to the insurers illness and accident reports for thePioneerand other enterprises bearing the Konkar name. It has, however, no connection whatsoever with cargo transactions.

[2] The district court dismissed Frangiskato's complaint against the shipowner and the shipowner's agents — the onlyPage 715defendants upon which process was effectively served — for lack of subject matter jurisdiction,seeLauritzen v. Larsen,345 U.S. 571, 73 S.Ct. 921, 97 L.Ed. 1254 (1953) and on the alternative ground offorum non conveniens, seeGulf Oil Corp. v. Gilbert,330 U.S. 501, 67 S.Ct. 839, 91 L.Ed. 1055 (1947); Fitzgerald v. Westland Marine Corp.,369 F.2d 499, 501-502 (2d Cir. 1966);cf.,Grammenos v. Lemos,457 F.2d 1067, 1074 n. 5 (2 Cir.).¹

[3] We affirm for the reasons stated in Judge MacMahon's opinion below, 353 F. Supp. 402 (S.D.N.Y. 1972).Page 717

We note that the shipowner has waived all jurisdictional objections to suit in Greece if the appellant brings suit there within 90 days after entry of this order affirming the dismissal. ↩