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CARY MARINE, INC. v. MOTOR VESSEL PAPILLON

No. C87-2905.

701 F.Supp. 604 (1988)

CARY MARINE, INC., Plaintiff, v. The MOTOR VESSEL PAPILLON, and Great Lakes Cary Corp., and Donald B. McCann, Defendants, v. Randy POSTMA, Third Party Defendant.

United States District Court, N.D. Ohio, E.D.

May 24, 1988.

Attorney(s) appearing for the Case

LeRoy Kramer, III, Ray, Robinson, Hanninen & Carle, Chicago, Ill., William D. Carle, III, Ray, Robinson, Hanninen & Carle, Cleveland, Ohio, for plaintiff.

Donald B. McCann, Kelley, McCann & Livingstone, Cleveland, Ohio, for defendants.

ORDER

BATTISTI, Chief Judge.

The plaintiff seeks an order for the arrest of the motor vessel Papillon under either Rule C or Rule D of the Federal Rules of Civil Procedure Supplemental Admiralty Rules. As is detailed below, because the plaintiff does not have legal title a Rule D arrest is not appropriate, because there was no breach of a maritime contract a Rule C arrest is not appropriate, and because there is no danger of the Papillon being spirited out...

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