UNITED STATES v. CIA. NAVIERA CONTINENTAL S.A.


178 F.Supp. 561 (1959)

UNITED STATES of America and Industria E Comercio De Minerios S.A., Libellants, v. CIA. NAVIERA CONTINENTAL S.A., Respondent.

United States District Court S. D. New York.

October 31, 1959.


Attorney(s) appearing for the Case

Hill, Rivkins, Middleton, Louis & Warburton, New York City, George B. Warburton, New York City, of counsel, for libellant, Industria E Comercio De Minerios S.A.

Nelson, Healy, Baillie & Burke, Nicholas J. Healy, 3rd, New York City, for respondent.


WEINFELD, District Judge.

The respondent, a Panamanian corporation, sometimes hereafter referred to as Continental, moves to dismiss the libel and to vacate an attachment of its vessel on two grounds: (1) that respondent could have been "found" within this district, and therefore there was no basis for a foreign attachment under Rule 2 of the Admiralty Rules, promulgated by the Supreme Court; and (2) that the libel, pursuant to which the attachment was made, was time...

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