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MARYLAND TUNA CORPORATION v. MS BENARES

Nos. 421, 422 and 427, Dockets 31141, 31142 and 34245.

429 F.2d 307 (1970)

MARYLAND TUNA CORPORATION, Plaintiff-Appellant, v. The MS BENARES, her engines, boilers, etc., Nichimen Co., Inc., Skibs A/S Excelsior, Bendt Rasmussen and Rederi A. B. Salenia, Interocean Shipping Corporation, Stockholm, Defendants, and Nichimen Co., Ltd., Tokyo, Defendant-Appellee. MARYLAND TUNA CORPORATION, Plaintiff-Appellant, v. NICHIMEN CO., Inc., Defendant, and Nichimen Co., Ltd., Tokyo, Defendant-Appellee. MARYLAND TUNA CORPORATION, Plaintiff-Appellant, v. NICHIMEN CO., Ltd., TOKYO, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 2, 1970.

Attorney(s) appearing for the Case

William Warner, New York City (Symmers, Fish & Warner, New York City, on the brief), for plaintiff-appellant.

John S. Rogers, New York City (Herbert M. Lord and Burlingham, Underwood, Wright, White & Lord, New York City, on the brief), for defendant-appellee and garnishee Nichimen Co., Inc.

Before MEDINA, WATERMAN and SMITH, Circuit Judges.

MEDINA, Circuit Judge:

Maryland Tuna Corporation appeals from orders of the District Court for the Southern District of New York which had the combined effect of declaring that the District Court could not exercise in personam jurisdiction over Nichimen Co., Ltd., Tokoyo, a Japanese corporation, either by reason of the activities it conducted with Nichimen Co., Inc., a New York corporation with an office in the Southern District of New York or by the attachment...

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