A. Coker & Company v. National Shipping Agency Corporation
United States District Court for the Eastern District of Louisiana
2000 AMC 489 (1999)
Facts
A. Coker & Company (Coker) (plaintiff) sued National Shipping Agency Corporation (National) (defendant) for an attachment pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure. Coker used Rule B because National could not be found in the district but had an account located there. Specifically, Coker wanted an attachment on cash held in National’s accounts. The court ruled in Coker’s favor and placed the attachment. E.N. Bisso & Son, Inc. (Bisso) sought to intervene and join Coker’s attachment, also by invoking Rule B. Coker opposed Bisso’s intervention, arguing that any intervention would be futile because the attached funds were limited and Coker had priority as the first attaching lien claimant. Bisso responded that the court should follow the inverse-order rule used in other maritime liens attached under Rule C. If the inverse-order rule were followed, Bisso would have priority as the last attaching lien claimant.
Rule of Law
Issue
Holding and Reasoning (Vance, J.)
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