O'CONNELL MACHINERY CO. v. M.V. AMERICANA

Cal. No. 499, Docket 83-7673.

734 F.2d 115 (1984)

O'CONNELL MACHINERY COMPANY, INC., Plaintiff-Appellant, v. M.V. "AMERICANA" and Italia Di Navigazione, S.p.A. (d/b/a Italian Line), Defendants-Appellees, United States of America, Intervenor.

United States Court of Appeals, Second Circuit.

Decided May 4, 1984.


Attorney(s) appearing for the Case

George F. Chandler III, New York City (Hill, Rivkins, Carey, Loesberg, O'Brien & Mulroy, New York City, on brief), for plaintiff-appellant.

Vincent M. DeOrchis, New York City (Haight, Gardner, Poor & Havens, Richard A. Menchini and M.E. DeOrchis, New York City, of counsel), for defendants-appellees.

Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C. (John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, and Leonard Schaitman and John M. Rogers, Dept. of Justice, Washington, D.C., on brief), for intervenor.

Before FEINBERG, Chief Judge, VAN GRAAFEILAND and KEARSE, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

O'Connell Machinery Company appeals from an order of the United States District Court for the Southern District of New York, 566 F.Supp. 1381 (Knapp, J.), which dismissed O'Connell's complaint containing an in rem cause of action against the M/V Americana, on the ground that the vessel was immune from arrest by virtue of the Foreign Sovereign Immunities...

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