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MARITIMA PETROLEO E ENGENHARIA v. OCEAN RIG 1

No. 99 Civ. 8678(SAS).

78 F.Supp.2d 162 (1999)

MARITIMA PETROLEO E ENGENHARIA LTDA., Plaintiff, v. OCEAN RIG 1 AS and Ocean Rig 2 AS, Defendants.

United States District Court, S.D. New York.

October 6, 1999.

Attorney(s) appearing for the Case

Samuel Feldman, Orloff, Lowenbach, Stifelman & Siegel, P.A., Roseland, NJ, Michael B. Kent, Kent, Beatty & Gordon, L.L.P., New York City, for Plaintiff.

Jack A. Greenbaum, Healy & Baillie, L.L.P., New York City, for Defendants.

OPINION AND ORDER

SCHEINDLIN, District Judge.

Defendants, Ocean Rig 1 AS and Ocean Rig 2 AS (hereinafter "Ocean Rig" or "defendants"), move pursuant to Fed.R.Civ.P. Rules 12(b)(1) and (6) to dismiss the complaint and to vacate the maritime attachment brought by plaintiff Maritima Petroleo E Engenharia LTDA (hereinafter "Maritima" or "plaintiff") on the grounds that: (1) there is no admiralty jurisdiction; (2) the complaint fails to state a claim upon...

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