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DRYS SHIPPING CORP. v. FREIGHTS, SUB-FREIGHTS

No. 1052, Docket 77-7100.

558 F.2d 1050 (1977)

DRYS SHIPPING CORPORATION, Plaintiff-Appellee, v. FREIGHTS, SUB-FREIGHTS, CHARTER HIRE and/or Sub-Charter Hire of the M.S. Drys, and A/S Falkefjell and A/S Dovrefjell, Defendants-Appellants, and Atlantic and Great Lakes Steamship Corporation, Garnishee-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 20, 1977.

Attorney(s) appearing for the Case

Donald J. Kennedy, New York City (Haight, Gardner, Poor & Havens, New York City, of counsel), for defendants-appellants.

David A. Nourse, New York City (Armand Maurice Pare, Jr., Kirlin, Campbell & Keating, New York City, of counsel), for plaintiff-appellee.

Before LUMBARD, MANSFIELD and GURFEIN, Circuit Judges.

MANSFIELD, Circuit Judge:

In this action for damages by Drys Shipping Corporation ("Owner"), owner of the vessel "M.S. Drys," against its charterers, A/S Falkefjell and A/S Dovrefjell ("Charterers"), the latter appeal from an order of the Southern District of New York, Gerard L. Goettel, Judge, denying their motion to vacate an in rem attachment by the Owner of the freights due the Charterers under their subcharter of the ship and to dismiss the action. The...

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