BELCHER CO. OF ALABAMA, INC. v. M/V MARATHA MARINER

No. 83-2252.

724 F.2d 1161 (1984)

The BELCHER COMPANY OF ALABAMA, INC., Plaintiff-Appellant, v. M/V MARATHA MARINER, HER Engines, Tackle, Etc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing April 23, 1984.


Attorney(s) appearing for the Case

Dan H. Hinds, Mona L. Lyman, Houston, Tex., for plaintiff-appellant.

Gus Schill, Jr., John F. Unger, Houston, Tex., for defendant-appellee.

Before RUBIN and RANDALL, Circuit Judges, and MITCHELL, District Judge.


ALVIN B. RUBIN, Circuit Judge:

This in rem libel against a vessel to recover for fuel bunkers supplied to it was dismissed on the ground that a pending action in the Netherlands, in which jurisdiction had been obtained by attachment of the vessel, was the equivalent of an in rem action and hence was lis alibis pendens. Because the Netherlands permits no in rem actions, and, therefore, the suit pending there is in personam, and because...

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