Amstar Corp. v. The Alexandros T.
United States Court of Appeals for the Fourth Circuit
664 F.2d 904, 1981 AMC 2697 (1981)
Cargo owned by the Amstar Corp. (plaintiff) was damaged on the Alexandros T. (defendant), a vessel owned by Nava Shipping Co., Ltd. (Nava) (defendant). Amstar brought an in personam action against Nava and an in rem action against the Alexandros T. in federal court. The vessel was seized in the in rem action pursuant to Rule C of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure. Nava moved to dismiss the complaint and alleged that Rule C was unconstitutional. The district court upheld the constitutionality of the rule, denied Nava’s motion to dismiss, and awarded Amstar damages against both the Alexandros T. and Nava. Nava appealed.
Rule of Law
Holding and Reasoning (Butzner, J.)
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