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JOHNSON PRODUCTS CO., INC. v. M/V LA MOLINERA

No. 85 Civ. 371 (JEL).

619 F.Supp. 764 (1985)

JOHNSON PRODUCTS CO., INC., and Johnson Products of Nigeria, Ltd., Plaintiffs, v. M/V LA MOLINERA, her engines, boilers, etc., in rem; Caribbean Bulk Carriers, Ltd., International Customs Service, Inc., and Nigerian Star Line, Defendants.

United States District Court, S.D. New York.

October 4, 1985.

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City, for plaintiffs.

Thacher Proffitt & Wood, New York City, for defendant Nigerian Star Line.

Marvin Eschen, Jericho, Long Island, for defendant International Customs Service, Inc.

MEMORANDUM OPINION

LUMBARD, Circuit Judge:*

Defendant International Customs Service ("ICS") moves to dismiss on the ground that plaintiffs' claims against ICS are not within the admiralty and maritime jurisdiction of the federal courts. See 28 U.S.C. § 1333. First, regarding plaintiffs' claim under § 10(d)(1) of the Shipping Act of 1984 ("the 1984 Act"), 46 U.S.C. § 1709(d)(1), ICS argues that this Court...

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