Legal Opinion
Melwire Trading Company, Inc. v. M/v Cape Antibes, Etc., in Rem and Aria Shipping Co., Ltd, in Personam
Court of Appeals for the Ninth Circuit
Decided October 22, 1987No. 84-6644PublishedCited by 19 opinions
1Opinion of the Court
CYNTHIA HOLCOMB HALL, Circuit Judge:
Plaintiff-appellant, Melwire Trading Company (Melwire), filed suit against the M/V Cape Antibes, (Antibes) seeking to recover the costs associated with certain shipping delays. The district court dismissed Melwire’s action for lack of in rem jurisdiction. We affirm.
I
The Antibes sailed from Northfleet, England, on June 4, 1979 with a cargo of cement destined for delivery to Melwire in San Diego, California. The vessel was scheduled to arrive in San Diego twenty-one days later, on June 25, 1979. Because of a mechanical failure in the crankshaft of its port…
2Cases cited7 opinions
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Osaka Shosen Kaisha v. Pacific Export Lumber Co.Supreme Court of the United States · 1923
- The ResoluteSupreme Court of the United States · 1897
- Krauss Bros. Lumber v. Dimon Steamship Corp.Supreme Court of the United States · 1933
- The SaturnusCourt of Appeals for the Second Circuit · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Chad Barnes v. Sea Hawaii Rafting, LLCCourt of Appeals for the Ninth Circuit · 2018
- All Pacific Trading, Inc. v. Vessel M/V Hanjin YosuCourt of Appeals for the Ninth Circuit · 1993
- Robert C. Usher Kristi K. Usher v. M/v Ocean Wave, Her Engines, Tackle, Furnishings, Etc., in RemCourt of Appeals for the Ninth Circuit · 1994
- Hunley v. Ace Maritime Corp.Court of Appeals for the Ninth Circuit · 1991
- All Pacific Trading, Inc. v. Vessel M/V Hanjin YosuCourt of Appeals for the Ninth Circuit · 1993
14 more not listed; retrieve them via the Exa API.