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MELWIRE TRADING CO., INC. v. M/V CAPE ANTIBES

No. 84-6644.

811 F.2d 1271 (1987)

MELWIRE TRADING COMPANY, INC., Plaintiff-Appellant, v. M/V CAPE ANTIBES, etc., in rem; and Aria Shipping Co., Ltd, in personam, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 3, 1987.

Attorney(s) appearing for the Case

Joseph N. Mirkovich, Long Beach, Cal., for plaintiff-appellant.

David Woolley, Los Angeles, Cal., for defendants-appellees.

Before FLETCHER, NELSON and HALL, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Plaintiff-appellant, Melwire Trading Company (Melwire), filed suit against the M/V Cape Antibes, (Antibes) seeking to recover the costs associated with certain shipping delays. The district court dismissed Melwire's action for lack of in rem jurisdiction. We affirm.

I

The Antibes sailed from Northfleet, England, on June 4, 1979 with a cargo of cement destined for delivery to Melwire in San Diego...

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