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IRAN EXPRESS LINES v. SUMATROP, AG

No. 76-2290.

563 F.2d 648 (1977)

IRAN EXPRESS LINES, Appellant, v. SUMATROP, AG, a Foreign Corporation, Central Soya, International and Central Soya Co., Inc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1977.

Attorney(s) appearing for the Case

Francis J. Gorman, Baltimore, Md. (James W. Bartlett, III, and Semmes, Bowen & Semmes, Baltimore, Md., on brief), for appellant.

Robert H. Williams, Jr., Baltimore, Md. (Niles, Barton & Wilmer, Baltimore, Md., on brief), for Sumatrop, AG.

Edward S. Digges, Jr., Baltimore, Md. (Paul V. Niemeyer and Francis B. Burch, Jr., Baltimore, Md., on brief), for Central Soya Co., Inc. and Central Soya International.

Before WINTER, BUTZNER and HALL, Circuit Judges.

BUTZNER, Circuit Judge:

The principal question raised by this appeal is whether freight for a partial shipment of cargo which had been loaded aboard a vessel is subject to maritime garnishment. The district court held that it was not because the affreightment contract was executory. We believe that the contract was sufficiently executed to sustain the garnishment, and consequently, we reverse.

Iran Express Lines filed this suit in admiralty against Sumatrop...

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