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DEIULEMAR COMPAGNIA DI NAVIGAZIONE v. M/V ALLEGRA

No. 99-1378.

198 F.3d 473 (1999)

In the Matter of the Application of DEIULEMAR COMPAGNIA DI NAVIGAZIONE S.p.A. for the Perpetuation of Certain Evidence, Petitioner-Appellee, v. M/V ALLEGRA, Respondent, v. Pacific Eternity, S.A.; Golden Union Shipping Co. S.A., Movants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: December 6, 1999.

Attorney(s) appearing for the Case

ARGUED: Denham Arthur Kelsey, HUNTON & WILLIAMS, Norfolk, Virginia, for Appellants. George H. Falter, III, OBER, KALER, GRIMES & SHRIVER, P.C., Baltimore, Maryland, for Appellees. ON BRIEF: Carl D. Gray, HUNTON & WILLIAMS, Norfolk, Virginia, for Appellants. Manfred W. Leckszas, OBER, KALER, GRIMES & SHRIVER, P.C., Baltimore, Maryland, for Appellees.

Before WILKINSON, Chief Judge, WILLIAMS, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Affirmed and remanded by published opinion, in which Chief Judge WILKINSON and Senior Judge HAMILTON joined.

OPINION

WILLIAMS, Circuit Judge:

Deiulemar Compagnia Di Navigazione (Deiulemar) filed a petition to perpetuate testimony in the United States District Court for the District of Maryland pursuant to Federal Rule of Civil Procedure 27. Deiulemar sought to preserve evidence of the condition of a ship it chartered from Pacific Eternity and Golden...

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