SINOYING LOGISTICS PTE v. YI DA XIN TRADING CORP.

Docket No. 09-5368-cv.

619 F.3d 207 (2010)

SINOYING LOGISTICS PTE LTD., Acoaxet 1 Shipping Pte Ltd., Plaintiffs-Appellants, The Hongkong and Shanghai Banking Corporation Limited, Intervenor-Plaintiff, v. YI DA XIN TRADING CORPORATION, Yi Da Xin Trading Co. Ltd., Yi Da Xin Limited, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 31, 2010.


Attorney(s) appearing for the Case

Christopher R. Nolan ( Michael J. Frevola , on the brief), Holland & Knight, LLP; and Patrick F. Lennon , Lennon Murphy Caulfield & Phillips, LLC, New York, NY, for Plaintiffs-Appellants.

Bruce E. Clark ( H. Rodgin Cohen , Michael M. Wiseman , and Erez J. Davy , of counsel), Sullivan & Cromwell LLP, New York, NY, for amicus curiae The Clearing House Association L.L.C. in support of affirmance.

Before WINTER, CABRANES, WESLEY, Circuit Judges.


JOSÉ A. CABRANES, Circuit Judge:

The question presented is whether a district court can dismiss a maritime complaint sua sponte for lack of personal jurisdiction where the sole basis for quasi in rem jurisdiction asserted under Rule B has been eliminated.

Plaintiffs appeal from a December 15, 2009, judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge) in which the District Court dismissed...

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