Techem Chemical Co., Ltd. v. M/T CHOYO MARU
District Court, D. Maryland
1Opinion of the Court
THOMSEN, Senior District Judge.
Relying upon recent Supreme Court cases holding that certain state attachment and garnishment procedures violate the due process clause of the Fourteenth Amendment, 1 defendants herein, a Japanese vessel and her Japanese owner, contend that the customary admiralty procedures in rem and in personam with process of maritime attachment have been used and abused by plaintiffs in a way which has deprived defendant shipowner, without due process of law, of property rights protected by the Fifth Amendment.
The case arises out of a shipment of caustic soda from France to…
2Cases cited22 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- Armstrong v. ManzoSupreme Court of the United States · 1965
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
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3Cited by18 opinions
- Amstar Corp. v. S/S Alexandros T.Court of Appeals for the Fourth Circuit · 1981
- Kumar Corp. v. Nopal Lines, Ltd.District Court of Appeal of Florida · 1985
- Grand Bahama Petroleum Co. v. Canadian Transportation Agencies, Ltd.District Court, W.D. Washington · 1978
- In Re the Application of KingsleyDistrict Court, D. Massachusetts · 1985
- Transportes Navieros Y Terrestres S.A. De C v. v. Fairmount Heavy Transport N.V.Court of Appeals for the Second Circuit · 2009
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