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ALPHAMATE COMMODITY GMBH v. CHS EUROPE SA

No. 09-30804.

627 F.3d 183 (2010)

ALPHAMATE COMMODITY GMBH, Plaintiff-Intervenor-Defendant-Appellant, v. CHS EUROPE SA; CHS Inc., Intervenor Plaintiffs-Appellees, v. Food, a Certain Consignment of Yellow Corn Laden aboard the M/V GOLDEN STAR, quasi in rem, Defendant.

United States Court of Appeals, Fifth Circuit.

November 29, 2010.

Attorney(s) appearing for the Case

George A. Gaitas (argued), Chalos & Co., Houston, TX, for Alphamate Commodity GMBH.

Ira Matthew Williamson (argued), Miller & Williamson, L.L.C., New Orleans, LA, for CHS Europe, SA, CHS, Inc.

Before JONES, Chief Judge, PRADO, Circuit Judge, and O'CONNOR, District Judge.

EDITH H. JONES, Chief Judge:

Alphamate Commodity GMBH sought and obtained a Rule B maritime attachment in New Orleans, Louisiana, on a shipment of corn that had been loaded on the M/V GOLDEN STAR bound for Green Valley for Animal Feed Libya ("AFL")1 in Tripoli, Libya. Alphamate was owed money by AFL. Immediately following this ex parte order, the corn seller, CHS, Inc., and its affiliate, CHS Europe (collectively, "CHS" or "Appellees"...

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