MERCHANTS NAT. BANK OF MOBILE v. DREDGE, ETC.

Civ. A. Nos. 79-0986 to 79-0993.

488 F.Supp. 1302 (1980)

The MERCHANTS NATIONAL BANK OF MOBILE v. The DREDGE GENERAL G. L. GILLESPIE et al., etc. LOUISIANA LAND AND WATER, INC., Boat, River and Canal, Inc., Production Aggregate and Gravel, Inc., Sealane Aggregates of Alabama, Inc., and Bernie Bierman, Counterplaintiffs, v. The MERCHANTS NATIONAL BANK OF MOBILE, Radcliff Materials, Inc., Southern Industries Corporation, Dravo Corporation, Dravo Leasing Company, Ken L. Lott, Melvin Coxwell, Dudley Dawson, and Ball-Co Contractors, Inc., Counterdefendants.

United States District Court, W. D. Louisiana, Lake Charles Division.

April 25, 1980.


Attorney(s) appearing for the Case

Johnston, Adams, May, Howard & Hill, Thomas S. Rue and Brock Gordon, Mobile, Ala., for Merchants Nat'l Bank of Mobile.

Levy & Erens, Steven Novack and Steven C. Dupre, Chicago, Ill., for Dredge General G. L. Gillespie.

William R. Forrester, Jr., and S. Rodger Wheaton, Jr., New Orleans, La., for Dravo.


EDWIN F. HUNTER, Jr., Senior District Judge.

MEMORANDUM RULING ON MOTION TO INVALIDATE AND VACATE SEIZURE OF THE VESSELS

Relying upon several Supreme Court cases holding that certain state attachment and garnishment procedures violate the Due Process Clause of the Fourteenth Amendment,1 defendants contend that the customary Admiralty procedures in rem and in personam with process of maritime attachment have been...

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