Order Vacating Maritime Attachment Vacated
In Alphamate Commodity GMBH v. CHS Europe SA, No. 09-30804, plaintiff's appeal from the district court's order vacating a maritime attachment, the court vacated the order where the district court lacked maritime jurisdiction over the case because the parties' contracts for sales of grain were not wholly maritime, nor were the demurrage and detention charges suffered by plaintiff severable from the alleged breaches of their sales contracts.
As the court wrote: "Alphamate Commodity GMBH sought and obtained a Rule B maritime
attachment in New Orleans, Louisiana, on a shipment of corn that had been loaded on the M/V GOLDEN STAR bound for Green Valley for Animal Feed Libya ("AFL") in Tripoli, Libya. Alphamate was owed money by AFL. Immediately following this ex parte order, the corn seller, CHS, Inc., and its affiliate, CHS Europe (collectively, "CHS" or "Appellees"), intervened and moved to vacate the attachment. Appellees contended that they owned the corn because under the contract between CHS and AFL, title transferred upon payment, which had not occurred. The district court agreed with CHS on the merits and vacated the attachment. Alphamate appeals."
- Read the Fifth Circuit's Decision in Alphamate Commodity GMBH v. CHS Europe SA, No. 09-30804