T. J. STEVENSON & CO., INC. v. 81,193 BAGS OF WHEAT FLOUR

Civ. A. No. 74-501-T.

399 F.Supp. 936 (1975)

T. J. STEVENSON & CO., INC., a corporation, Plaintiff, v. 81,193 BAGS OF WHEAT FLOUR MARKED "MININ-DUSTRIA ARICA, CHILE EN TRANSITO A LA PAZ, BOLIVIA, NOS. 1/UP", Defendant. ADM MILLING CO., INC., a corporation, Claimant and Counter-Claimant, v. T. J. STEVENSON & CO., INC., a corporation, in personam, M/V NEDON, her engines, tackle, apparel, etc., in rem, and the Republic of Bolivia, Ministry of Industry, Commerce and Tourism, in personam, Plaintiff and Additional Defendants on Counterclaim.

United States District Court, S. D. Alabama, S. D.

May 21, 1975.


Attorney(s) appearing for the Case

George F. Wood and Sidney H. Schell, Mobile, Ala., for plaintiff.

Alex T. Howard, Jr., Mobile, Ala., William R. Joyce, Jr., Washington, D.C., for Republic of Bolivia, Ministry of Industry, Commerce & Tourism.

Rae M. Crowe and Geoffrey V. Parker, Mobile, Ala., Peter D. Trooboff, Washington, D.C., for ADM Milling, claimant and counter-claimant.

Alex F. Lankford, III, and A. Clay Rankin, III, Mobile, Ala., for Nedon Navigation Co., Lt., intervenor.


ORDER

DANIEL HOLCOMBE THOMAS, District Judge.

The above-styled cause was heard on February 13, 1975, and again on May 16, 1975, on a motion to dismiss filed on January 13, 1975, by the Ministry of Industry, Commerce and Tourism of the Republic of Bolivia (Bolivia). Bolivia is an additional defendant on the counterclaim of ADM Milling Co., Inc. (ADM), and it is that counterclaim to which Bolivia's motion is directed. Bolivia asserts sovereign immunity and...

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