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TRANSPORTES NAVIEROS v. FAIRMOUNT HEAVY TRANSPORT

Docket No. 07-3929-cv.

572 F.3d 96 (2009)

TRANSPORTES NAVIEROS Y TERRESTRES S.A. DE C.V., Plaintiff-Appellant, v. FAIRMOUNT HEAVY TRANSPORT N.V., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 23, 2009.

Attorney(s) appearing for the Case

Alfred J. Rufty, III, Harris & Rufty, L.L.C., New Orleans, LA, for Plaintiff-Appellant.

Charles E. Murphy (Ann C. LeVasseur, on the brief), Lennon, Murphy & Lennon, LLC, New York, NY, for Defendant-Appellee.

Before: KEARSE and KATZMANN, Circuit Judges, and BIANCO, District Judge.

KATZMANN, Circuit Judge:

This case calls upon us to decide the circumstances in which a court pursuant to Rule E(5) or (6) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure (the "Supplemental Rules") may reduce the amount held by maritime attachment.

Plaintiff-Appellant Transportes Navieros y Terrestres S.A. de C.V. ("TNT") is a foreign company...

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