FURNESS WITHY (CHARTERING), INC. v. WORLD ENERGY SYSTEMS

Nos. 83-2207, 83-2208, 83-2251 and 83-2353 MA.

642 F.Supp. 50 (1985)

FURNESS WITHY (CHARTERING), INC., PANAMA, Plaintiff, v. WORLD ENERGY SYSTEMS ASSOCIATES, INC., et al., Defendants. TEXAS CHARTERING, INC., et al., Plaintiffs, v. WORLD ENERGY SYSTEMS ASSOCIATES, INC., et al., Defendants. UNION PLANTERS NATIONAL BANK OF MEMPHIS, Plaintiff, v. WORLD ENERGY SYSTEMS ASSOCIATES, INC., et al., Defendants. GULF MOTORSHIPS, INC., Plaintiff, v. WORLD ENERGY SYSTEMS ASSOCIATES, INC., Defendant.

United States District Court, W.D. Tennessee, W.D.

October 24, 1985.


Attorney(s) appearing for the Case

Marion S. Boyd, Jr., Thomas J. Walsh, Jr., Memphis, Tenn., for Union Planters Nat. Bank.

Frank C. Byrd, Memphis, Tenn., for Bertel Shipping Co., Inc.

D. Charles Holtz, Mobile, Ala., for Warrior Tombigbee Transp.

Joseph D. Cheavens, Baker & Botts, Houston, Tex., and Jeff Feibelman, Burch, Porter & Johnson, Memphis, Tenn., for Texas Chartering, Inc., and Hemmert Intern.

R. Grattan Brown, Jr., Memphis, Tenn., for North Carolina Nat. Bank.

William C. Bateman, Jr., Memphis, Tenn., for Cooper Stevedoring Co.

Thomas S. Rue, Mobile, Ala., for World Energy Systems, Wesa, Inc., Hemmert Intern., Bertel Shipping Co., Johnstone, Paul Liu and Ed Bales.

Saul C. Belz, Penelope W.S. Register, Memphis, Tenn., for Gulf Motorships, Inc.

Gene M. Sellers, Michael R. O'Donnell, Birmingham, Ala., for Western Mining Co.

Charles C. Harrell, Ernest Williams, III, Memphis, Tenn., for Furness Withy (Chartering), Inc. (Panama).

Allen S. Blair, Memphis, Tenn., for Nerco, Inc.

Richard H. Allen, Thomas W. Bell, Jr., Memphis, Tenn., for P & O Falcoal, Inc.

Dennis B. Ragsdale, Knoxville, Tenn., for J.M. Jackson & Associates.

William J. Landers, D. Andrew Byrne, Memphis, Tenn., Attorney's Lien.


ORDER

McRAE, Chief Judge.

The common issues to be resolved in each of the above cases are whether there was an effective and perfected assignment of proceeds by the beneficiary of a documentary letter of credit and whether certain maritime attachments levied by creditors of beneficiary against the letter of credit were valid.

World Energy Systems Associates, Inc., also known as Wesa, Inc. (WESA) was at all time relevant herein, an international coal...

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