CONSTRUCTORA SUBACUATICA DIAVAZ v. M/V HIRYU

No. 83-2155.

718 F.2d 690 (1983)

CONSTRUCTORA SUBACUATICA DIAVAZ, S.A., Plaintiff-Appellee Cross-Appellant, v. M/V HIRYU, her engines, tackle, apparel, etc., In Rem, SKG Centre Co., Ltd. and Sekai Shigen Kaihatsu, Inc., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

October 13, 1983.


Attorney(s) appearing for the Case

Vinson & Elkins, Francis I. Spagnoletti, Houston, Tex., for defendants-appellants cross-appellees.

Eastham, Watson, Dale & Forney, Michael D. Sydow, Wm. A. Durham, Houston, Tex., for plaintiff-appellee cross-appellant.

Before RUBIN, TATE and JOLLY, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

Both parties attempt to appeal a judgment dismissing writs of attachment, garnishment, and seizure in rem of a vessel, the M/V HIRYU, conditioned on the "parties submitting to arbitration in Oslo, Norway; the parties waiving any statute of limitations defense that may have arisen while this action was pending before the Court; and the Defendants posting appropriate security with the arbitration tribunal in Oslo, Norway." Because this...

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