Legal Opinion
Merchants National Bank of Mobile v. the Dredge General G. L. Gillespie
District Court, W.D. Louisiana
Decided April 25, 1980No. Civ. A. 79-0986 to 79-0993PublishedCited by 5 opinions
1Opinion of the Court
EDWIN F. HUNTER, Jr., Senior District Judge.
MEMORANDUM RULING ON MOTION TO INVALIDATE AND VACATE SEIZURE OF THE VESSELS
Relying upon several Supreme Court cases holding that certain state attachment and garnishment procedures violate the Due Process Clause of the Fourteenth Amendment, 1 defendants 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 attack here centers…
2Cases cited9 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
- Amstar Corp. v. M/V ALEXANDROS T.District Court, D. Maryland · 1977
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- The Merchants National Bank of Mobile v. The Dredge General G. L. Gillespie, Etc.Court of Appeals for the Fifth Circuit · 1981
- Amstar Corp. v. S/S Alexandros T.Court of Appeals for the Fourth Circuit · 1981
- Alyeska Pipeline Service Co. v. Vessel Bay RidgeDistrict Court, D. Alaska · 1981
- Amstar Corporation v. S/S Alexandros T.Court of Appeals for the Fourth Circuit · 1981
- The Merchants National Bank of Mobile v. The Dredge General G. L. Gillespie, Etc.Court of Appeals for the Fifth Circuit · 1981