REIBOR INTERN. LTD. v. CARGO CARRIERS (KACZ-CO.)

No. 645, Docket 84-7724.

759 F.2d 262 (1985)

REIBOR INTERNATIONAL LIMITED, Plaintiff-Appellant, v. CARGO CARRIERS (KACZ-CO.) LTD., Defendant. Manufacturers Hanover Trust Company and the Royal Bank of Canada, Garnishees-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 8, 1985.


Attorney(s) appearing for the Case

Terry L. Stoltz, New York City (Burlingham Underwood & Lord, Lance A. Warrick, New York City, of counsel), for plaintiff-appellant.

Robert M. Rosenblith, New York City (Janice A. Katz, New York City, of counsel), for garnishee-appellee Mfrs. Hanover Trust Co.

Robert W. Brundige, Jr., New York City (Sage Gray Todd & Sims, John A. Forlines, III, New York City, of counsel), for garnishee-appellee The Royal Bank of Canada.

Before OAKES, CARDAMONE and PIERCE, Circuit Judges.


OAKES, Circuit Judge.

This case involves the validity of a maritime garnishment served before the garnishee comes into possession of the property to be garnished. Finding no established precedent on point, the United States District Court for the Southern District of New York, Charles E. Stewart, Judge, looked to New York law for guidance in fashioning suitable federal common law as this court did in Det Bergenske Dampskibsselskab v. Sabre Shipping Corp., ...

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