Incas & Monterey Printing & Packaging, Ltd. v. M/V SANG JIN
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
This is an appeal from an order of the district court in an admiralty case requiring plaintiffs to post counter-security under Supplemental Admiralty Rule E(7), on pain of loss of its security for its original claim, which would likely destroy the in rem jurisdiction of the district court. We review the claims, vacate the district court order, and remand.
In the Beginning
The controversy1 spawning this legal action began in 1982, when plaintiffs arranged for the carriage of two consignments of paper aboard the M/V SANG JIN.2 Although the vessel was to proceed to…
2Cases cited29 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
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3Cited by18 opinions
- Alvin Ray Cooper v. Sheriff, Lubbock County, TexasCourt of Appeals for the Fifth Circuit · 1991
- Sylvia Moore, Sylvia Moore v. Angela Mv, Angela Maritime Shipping Ltd., Claimant-AppellantCourt of Appeals for the Fifth Circuit · 2003
- Dennis J. Turnbull v. United States of America, Defendant-Counter v. Johnny Foster, CounterCourt of Appeals for the Fifth Circuit · 1991
- United States v. $4,480,466.16 in Funds SeizedCourt of Appeals for the Fifth Circuit · 2019
- Result Shipping Co., Ltd. v. Ferruzzi Trading USA Inc.Court of Appeals for the Second Circuit · 1995
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