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IN RE INTERN. MARINE TOWING, INC.

No. 80-5191.

617 F.2d 362 (1980)

In re INTERNATIONAL MARINE TOWING, INC., Petitioner.

United States Court of Appeals, Fifth Circuit.

April 25, 1980.

Attorney(s) appearing for the Case

Toole, Taylor, Moseley & Joyner, Robert E. Warren, Jacksonville, Fla., for petitioner.

David G. Hanlon, Tampa, Fla., for M/V King's Challenger.

Alan B. Vlcek, Jacksonville, Fla., for First MS Nat'l Bank.

Before GEE, RUBIN and POLITZ, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The district court transferred an in rem action from the Middle District of Florida to another district in which an in personam action between the same parties involving the same issues is pending. Mandamus is sought to prevent the transfer on the ground that the statute permitting transfer of cases to a more convenient forum, 28 U.S.C. § 1404, does not apply to proceedings in rem. Concluding that Congress did not intend so narrowly...

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