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INCAS AND MONTEREY PRINTING v. M/V SANG JIN

Nos. 83-2571, 83-2627.

747 F.2d 958 (1984)

INCAS AND MONTEREY PRINTING AND PACKAGING, LTD., Plaintiffs-Appellants, v. M/V SANG JIN, her engines, tackle, apparel, etc., in rem, Joong Ang Shipping Co., Van Weelde Brothers Shipping Ltd. and Grundvig Chartering, Inc., Defendants-Appellees. In re INCAS AND MONTEREY PRINTING AND PACKAGING LTD., Petitioners.

United States Court of Appeals, Fifth Circuit.

Rehearings and Rehearings Denied January 4, 1985.

Attorney(s) appearing for the Case

Vinson & Elkins, Harold K. Watson, Henry S. Morgan, Jr., Houston, Tex., Johnston, Adams, May, Howard & Hill, Alex T. Howard, Jr., Thomas S. Rue, Mobile, Ala., for plaintiffs-appellants.

Royston, Rayzor, Vickery & Williams, Bradley A. Jackson, Houston, Tex., for — M/V Sang Jin.

Clann & Pearson, Kathy A. Morrow, Edward J. Murphy, Houston, Tex., Clarkson S. Fisher, Jr., George J. Koelzer, Red Bank, N.J., for — Van Weelde.

Bradley A. Jackson, Howard R. King, Edward J. Murphy, Kathy A. Morrow, Houston, Tex., George J. Koelzer, Red Bank, N.J., Hon. Ross N. Sterling, U.S. District Judge, Houston, Tex., Clarkson S. Fisher, Jr., Red Bank, N.J., for Joong Ang Shipping et al.

Before BROWN, GEE, and WILLIAMS, Circuit Judges.

Rehearings and Rehearings En Banc Denied January 4, 1985.

JOHN R. BROWN, Circuit Judge:

This is an appeal from an order of the district court in an admiralty case requiring plaintiffs to post counter-security under Supplemental Admiralty Rule E(7), on pain of loss of its security for its original claim, which would likely destroy the in rem jurisdiction of the district court. We review the claims, vacate the district court order, and remand.

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