Giannakouros v. ORIENTAL TANKER CORPORATION, 9591.
| Decision Date | 16 November 1964 |
| Docket Number | No. 9591.,9591. |
| Citation | 338 F.2d 649 |
| Parties | Chryssoula GIANNAKOUROS, Widow and personal representative of Dimitrios Giannakouros, Deceased; Aspassia Pistolas, Widow and personal representative of John Pistolas, Deceased; Paraskevi Daoutos, Widow and personal representative of Anastassios Daoutos, Deceased; Amalia Ikonomakis, Widow and personal representative of John Panaghiotou Ikonomakis, Deceased; and Ralph Rabinowitz, Administrator of the Estates of Dimitrios Giannakouros, John Pistolas, Anastassios Daoutos, and John Panaghiotou Ikonomakis, Deceased, Appellants, v. ORIENTAL TANKER CORPORATION, S.A., as owner, operators and agents of the S.S. WORLD SKY; and Overseas Tankship Limited, as owners, operators and agents of the S.S. CALTEX LONDON, in personam, Appellees. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Sidney H. Kelsey, Norfolk, Va., for appellants.
Walter B. Martin, Jr., Norfolk, Va. (Vandeventer, Black, Meredith & Martin, Norfolk, Va., on brief), for appellees.
Before HAYNSWORTH and BRYAN, Circuit Judges, and THOMSEN, District Judge.
The S.S. World Sky and the S.S. Caltex London collided in the Persian Gulf. Four Greek seamen, members of the crew of the World Sky, lost their lives when the ship sank after it put to sea following temporary repairs effected in Sudan. Their widows filed these libels in Admiralty in the Eastern District of Virginia, undertaking to effect personal service upon the shipowners by service of process upon the Clerk of Virginia's State Corporation Commission.
The Caltex London was owned by Overseas Tankship Limited, an English corporation, while the World Sky was owned by Oriental Tanker Corporation, S.A., a Panamanian corporation. Each corporation moved to quash the service on the ground that it did no business in Virginia and was not present there for the purpose of service of process. Additionally, Oriental filed an exceptive allegation, in which it claimed that it was not the owner of the World Sky at the time of the collision.
On appeal from an order quashing the service, it is contended that Oriental's exceptive allegation, expressly made subject to the previous motion to quash and purporting to reserve its rights under that motion, was a general appearance upon the basis of which the Court should exercise its jurisdiction.1
We agree with the District Court's conclusion2 that the exceptive allegation was not a waiver of the motion to quash the service...
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