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FERROSTAAL METALS CORP. v. S.S. LASH PACIFICO

Nos. 82 Civ. 2825 (CBM), 83 Civ. 1524 (CBM).

652 F.Supp. 420 (1987)

FERROSTAAL METALS CORPORATION, Plaintiff, v. S.S. LASH PACIFICO, her engines, boilers, etc., v. PRUDENTIAL LINES, INC., Defendant and Third Party Plaintiff, v. METAL IMPORTEXPORT and Intreprinderea Exploatare Portuara Pentru Produse Metalurgice, Third Party Defendants. FERROSTAAL METALS CORPORATION, Plaintiff, v. KENNEDY TUBULAR PRODUCTS, INC., Defendant, v. AETNA INSURANCE COMPANY, Americas Insurance Company, Century Indemnity Company, Fireman's Fund Insurance Co., Highlands Insurance Co., Northwestern National Insurance Company, Talbot Bird & Company, Inc. and Defendants and Third Party Plaintiffs, v. METAL IMPORTEXPORT and Interprinderea Exploatare Portuara Pentra Produse Metalurgice, Third Party Defendants. PRUDENTIAL LINES, INC., S.S. Lash Pacifico, her engines, boilers, etc., Fourth Party Plaintiffs, v. METAL IMPORTEXPORT and Intreprinderea Exploatare Portuara Pentru Produse Metalurgice, Fourth Party Defendants.

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

January 21, 1987.

Attorney(s) appearing for the Case

Lilly Sullivan Purcell Barkan & Junge, P.C., New York City (Philis S. Ross, of counsel), for Prudential Lines, Inc., defendant and third party plaintiff.

Burke & Parsons, New York City (Stephen P. Kyne, of counsel), for Metal Importexport, third party defendants.

OPINION

STANTON, District Judge.

The main questions presented by the pending application are first whether prior court approval was required before attachments were made against assets of a claimed agent of a foreign sovereign and second whether the beneficiary's interest in open letters of credit were subject to effective attachment.

For the reasons which appear hereafter, the first question is answered in the affirmative and the second...

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