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Arrest & Attachment
Magnolia Ocean Shipping Corp. v. M/V MERCEDES MARIA, 1982 A.M.C.
731 noted at 644 F.2d 880 (4th Cir. 1981).
Phil represented the Spanish Receiver in Bankruptcy for the owner of the
M/V MERCEDES MARIA in fighting off an alleged buyer of the ships from
the bankrupt's shareholders. Magnolia sought a possessory arrest, in rem,
pursuant to Rule D, asking for a decree transferring title pursuant to
a contract of sale. The District Court dismissed the arrest, and the Fourth
Circuit Court of Appeals affirmed, on the grounds that a contract for
the sale of a ship is not a maritime contract.
CSX Transportation, Inc. v. United States Cruises, Inc. (S.S. UNITED
STATES, in rem), 25 F. R. Serv. 3d 282, noted at 989 F.2d 492, unpublished
disposition at 1993 WL 89813 (4th Cir. 1993).
We represented the buyer of the S.S. UNITED STATES at the U.S. Marshal's
foreclosure sale, then fought off an objection to the sale by a disappointed
next low bidder who argued that the Jones Act required a sale only to
a corporate buyer whose stock was owned 75% by U.S. citizens. The District
Court dismissed the objection, and the Fourth Circuit Court of Appeals
affirmed.
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