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CONSUB DELAWARE LLC v. SCHAHIN ENGENHARIA LIMITADA

Docket No. 07-0833-cv.

543 F.3d 104 (2008)

CONSUB DELAWARE LLC, Plaintiff-Appellee, v. SCHAHIN ENGENHARIA LIMITADA, Defendant-Appellant, Standard Chartered Bank, Garnishee.

United States Court of Appeals, Second Circuit.

Decided: September 23, 2008.

Attorney(s) appearing for the Case

Christopher Carlson (Marla DiResta, on the brief), Clyde & Co. U.S. LLP, New York, NY, for Defendant-Appellant.

Neil E. McDonell (Stephen M. Raab, on the brief), Dorsey & Whitney LLP, New York, NY, for Plaintiff-Appellee.

Before: CARDAMONE, MINER, and POOLER, Circuit Judges.

MINER, Circuit Judge:

Defendant-appellant Schahin Engenharia Limitada ("Schahin") appeals from a February 13, 2007 order entered in the United States District Court for the Southern District of New York (Scheindlin, J.) denying its motion to vacate a maritime writ of attachment held by plaintiff-appellee Consub Delaware LLC ("Consub"). The District Court held, pursuant to Winter Storm Shipping, Ltd. v. TPI, 310 F.3d 263

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