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AMSTAR CORP. v. S/S ALEXANDROS T.

No. 79-1493.

664 F.2d 904 (1981)

AMSTAR CORPORATION (a Delaware Corporation), Appellee, v. S/S ALEXANDROS T., her engines, boilers, tackle, appurtenances and apparel, etc.; Nava Shipping Co., Ltd. (a foreign corporation), Appellants.

United States Court of Appeals, Fourth Circuit.

Decided November 10, 1981.

Attorney(s) appearing for the Case

Kieron F. Quinn, Baltimore, Md. (M. Hamilton Whitman, Jr., Ober, Grimes & Shriver, Baltimore, Md., on brief), for appellants.

Donald A. Krach, Baltimore Md., George F. Chandler, III, New York City (Robert P. O'Brien, Niles, Barton & Wilmer, Baltimore, Md., on brief), for appellee.

David R. Owen, Baltimore, Md., David J. Sharpe, George Washington University Law School, Washington, D.C. (John W. Sims, New Orleans, La., Gordon W. Paulsen, New York City, Graydon S. Staring, San Francisco, Cal., on brief), for The Maritime Law Association of the United States, amicus curiae.

Before BUTZNER, and PHILLIPS, Circuit Judges, and W. EARL BRITT, United States District Judge for the Eastern District of North Carolina, sitting by designation.

BUTZNER, Circuit Judge:

Rule C for Certain Admiralty and Maritime Claims, as implemented by rule E, provides, among other things, for the arrest of a vessel in an in rem action to enforce a maritime lien. Upon the filing of a complaint and the clerk's issuance of a warrant, the marshal is authorized to take custody of the vessel.1 The primary question raised in this appeal is whether the...

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