ProShipLine Inc. v. Aspen Infrastructures Ltd., No. 08-35337 - - U.S. Ninth Circuit
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ProShipLine Inc. v. Aspen Infrastructures Ltd., No. 08-35337

In an action to secure a maritime attachment, district court's order denying plaintiff's motion to compel defendant to post security in lieu of garnishment is affirmed where a district court lacks the legal capacity under the Admiralty Rules to order a party to post security in lieu of garnishment.  However, the district court's order equitably vacating plaintiffs' Rule B writ and exonerating security posted for that writ is reversed where the district court abused its discretion by concluding that it was bound by res judicata to vacate the writ to conform with the Southern District of New York's decision to vacate the writ involved in a related action pending there.

Read ProShipLine Inc. v. Aspen Infrastructures Ltd., No. 08-35337

Appellate Information

Argued and Submitted December 7, 2009

Filed February 3, 2010

Judges

Opinion by Judge Beezer

Counsel

For Appellants:

Steven V. Gibbons, Gibbons & Associates, P.S., Seattle, WA

For Appellees:

Robert J. Bocko, Keesal, Young & Logan, Seattle, WA