GARCIA & DIAZ, INC. v. EMPRESA NAVIERA DE CUBA


158 F.Supp. 147 (1958)

GARCIA & DIAZ, Inc., Libellant, v. EMPRESA NAVIERA DE CUBA, S. A., Col. Braulio I. Fernandez Hernandez and The Republic of Cuba, Respondents.

United States District Court S. D. New York.

January 29, 1958.


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for libellants.

Purrington & McConnell, New York City, for respondents.


EDELSTEIN, District Judge.

Respondents move to dismiss the libel and to vacate process in personam with foreign attachment on the ground of the absence of admiralty jurisdiction. The libel was filed against the Empresa Naviera de Cuba, S.A. and the Cuban Government Interventor, Col. Braulio I. Fernandez Hernandez. Upon libellant's allegations that there was no officer of respondents within this district but that funds were in the possession of a third party being...

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