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U.S. v. M/V SANTA CLARA I

Civ. A. No. 2:92-0389-18.

819 F.Supp. 507 (1993)

UNITED STATES of America, Plaintiff, v. M/V SANTA CLARA I, its engines, boilers, machinery, masts, boats, anchors, cables, chains, rigging, tackle, apparel, furniture, capstans, outfit, tools, pumps, pumping and other equipment, etc., in rem, and Kriakopoulos Internacional, S.A.; and Empressa Naviera Santa, S.A.; and Juan Alvarez, in personam, Defendants. KYRIAKOPOULOS INTERNACIONAL, S.A.; and Empressa Naviera Santa, S.A., Third-Party Plaintiffs, v. COMPANIA MINERA EL INDIO; LAC Minerals; Chemical Specialities, Inc., Degesch de Chile, Ltd.; and Degesch America, Inc., Third-Party Defendants.

United States District Court, D. South Carolina, Charleston Division.

March 9, 1993.

Attorney(s) appearing for the Case

Ben A. Hagood, Jr., Charleston, SC, Michael J. Devine and Eileen T. McDonough, Washington, DC, for plaintiff.

Gordon Schreck and Douglas M. Muller, Charleston, SC, Charles Anderson, New York City, Mike Duffy, Newman Jackson Smith and Paul Tecklenburg, Charleston, SC, Margaret Murphy, New York City, Thomas S. Tisdale, Jr., Charleston, SC, for defendants.

ORDER

NORTON, District Judge.

This matter is before the court on plaintiff's motion to dismiss defendants' counterclaim for lack of jurisdiction, pursuant to Fed.R.Civ.P. 12(b) and 12(c).

I. BACKGROUND

In the late evening of January 3, 1992 or the early morning of January 4, 1992, a number of containers loaded with drums of arsenic trioxide were lost overboard from the vessel M/V SANTA CLARA I during a severe storm in the...

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