Ed & F Man Biofuels Ltd. v. Mv Fase

OPINION AND ORDER

MELINDA HARMON, District Judge.

Pending before the Court in the above referenced cause, in which various parties are asserting claims to proceeds of or cargo aboard the M/V FASE following its arrest and sale at a U.S. Marshal’s auction on May 5, 2009, is Clariant Corp. and Clariant International, Ltd.’s (collectively “Clariant”) motion to dismiss IntervenorPlaintiffs Manufacturers and Traders Trust Company (“M & T Trust”), BFC Assets, Inc., and Landesbank Hessen-Thuringen Girozentrale’s (collectively, “the Banks’ ”) Cross-Claim (instrument # 152).

After carefully reviewing the…