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Transportes Navieros y Terrestres S.A. v. Fairmount Heavy Transport N.V., No. 07-3929

By FindLaw Staff on June 23, 2009 1:18 PM

District court order granting defendant's motion to reduce the amount held by maritime attachment pursuant to the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions is affirmed where defendant demonstrated good cause to reduce the amount of the attachment, and the district court properly exercised its discretion in drawing the preliminary conclusion that plaintiff was likely to recover only the costs it incurred in securing the release of the Vessel and in thus reducing the amount of the attachment. 

Read Transportes Navieros y Terrestres S.A. v. Fairmount Heavy Transport N.V., No. 07-3929

Appellate Information
Appeal from the the United States District Court for the Southern District of New York
Argued: February 25, 2009
Decided: June 23, 2009


Judges
Before: KEARSE and KATZMANN, Circuit Judges, and BIANCO, District Judge.
Opinion by KATZMANN, Circuit Judge.

Counsel
For Plaintiff: Alfred J. Rufty, III, Harris & Rufty, LLC, New Orleans, LA

For Defendant: Charles E. Murphy, Lennon, Murphy & Lennon, LLC, New York, NY

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