CORNISH SHIPPING v. INTERNATIONAL NEDERLANDEN BANK

No. 1126, Docket 94-7786.

53 F.3d 499 (1995)

CORNISH SHIPPING LTD., Plaintiff-Appellant, Pohang Iron & Steel Co., Ltd., Intervenor-Plaintiff-Appellant, v. INTERNATIONAL NEDERLANDEN BANK N.V., f/k/a NMB Postbank Groep, N.V., Garnishee-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 20, 1995.


Attorney(s) appearing for the Case

Peter J. Gutowski, New York City (Michael Fernandez, Freehill, Hogan & Mahar; and Bryan Cave, and Steven R. Haffner, on the brief), for plaintiff-appellant and intervenor-plaintiff-appellant.

John M. Toriello, New York City (James H. Hohenstein, Haight, Gardner, Poor & Havens; and Peter E. Calamari, and Anthony L. Paccione, Hertzog, Calamari & Gleason, on the brief), for garnishee-defendant-appellee.

Before: NEWMAN, Chief Judge, MINER and CABRANES, Circuit Judges.


JON O. NEWMAN, Chief Judge.

This appeal in an admiralty case presents a novel question concerning the scope of a shipowner's maritime lien on subfreights. At issue is whether the lien attaches to funds that were paid to a charterer after the owner gave notice of the lien to the payor. The question arises on an appeal by plaintiff Cornish Shipping Ltd. ("Cornish") and plaintiff-intervenor Pohang Iron & Steel Co., Ltd. ("POSCO") from the April 20, 1994, judgment...

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