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DEFENSE PLANT CORPORATION v. UNITED STATES BARGE LINES

No. 118.

145 F.2d 766 (1944)

DEFENSE PLANT CORPORATION v. UNITED STATES BARGE LINES, Inc. SAME v. UNITED STATES BARGE LINES, Inc. (BARNES et al., Interveners).

Circuit Court of Appeals, Second Circuit.

November 27, 1944.

Attorney(s) appearing for the Case

Maurice A. Krisel, and Roman Beck, of Washington, D. C., for intervenors-appellants.

Bigham, Englar, Jones & Houston, of New York City (F. Herbert Prem, of New York City, of counsel), for appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. Intervention is permissible in an admiralty suit only if (a) the suit is in rem (Admiralty Rule 34, 28 U.S.C.A. following section 723) or (b) the intervenor has an interest in proceeds in the registry of the court (Admiralty Rule 42). The admiralty suit here was in personam with a claim for foreign attachment; the garnishment did not convert the suit into one in rem. Brown v. C. D. Mallory & Co., 3 Cir., 122 F.2d 98

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