Legal Opinion
Garcia & Diaz, Inc. v. Empresa Naviera De Cuba, S. A.
District Court, S.D. New York
Decided January 29, 1958PublishedCited by 3 opinions
1Opinion of the Court
EDELSTEIN, District Judge.
Respondents move to dismiss the libel and to vacate process in personam with foreign attachment on the ground of the absence of admiralty jurisdiction. The libel was filed against the Empresa Naviera de Cuba, S.A. and the Cuban Government Interventor, Col. Braulio I. Fernandez Hernandez. Upon libellant’s allegations that there was no officer of respondents within this district but that funds were in the possession of a third party being held for the account of one or both respondents, it obtained process in admiralty with a clause of foreign attachment, and the…
2Cases cited9 opinions
- Dampskibsselskabet Dannebrog v. Signal Oil & Gas Co. of Cal.Supreme Court of the United States · 1940
- Minturn v. MaynardSupreme Court of the United States · 1855
- Todd Shipyards Corporation v. the City of AthensDistrict Court, D. Maryland · 1949
- Cory Bros. & Co. v. United StatesCourt of Appeals for the Second Circuit · 1931
- Admiral Oriental Line v. United StatesCourt of Appeals for the Second Circuit · 1936
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3Cited by3 opinions
- P. T. Perusahaan Pelayaran Samudera Trikora Lloyd v. SalzachtalDistrict Court, E.D. New York · 1974
- Compagnia Maritima La Empresa, S.A. v. Rod PickardCourt of Appeals for the Fifth Circuit · 1963
- Exxon Corp. v. Central Gulf Lines, Inc.District Court, S.D. New York · 1989