E. A. Bromund Co. v. Exportadora Affonso De Alburquerque, LTDA

McGOHEY, District Judge.

The defendant moves to vacate a. warrant' of attachment secured by plaintiff in the New York Supreme Court prior to the removal of the cause to this court. Plaintiff relied, in applying for the warrant, on a cause of action based upon an arbitration award made on October 19;. 1951. He could not do otherwise because the original cause of action merged into- and was substituted by the award.1 The warrant was issued October 10, 1952. The award was not confirmed until January 30, 1953. Defendant contends that until the-award was confirmed no cause of action existed to…