AURORA MARITIME v. ABDULLAH MOHAMED FAHEM & CO.

No. 1102, Docket 95-7820.

85 F.3d 44 (1996)

AURORA MARITIME CO. and Medmar, Inc., Plaintiffs-Appellees, v. ABDULLAH MOHAMED FAHEM & CO., Defendant. The Hongkong & Shanghai Banking Corporation Limited, Garnishee-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 20, 1996.


Attorney(s) appearing for the Case

David R. Gelfand, Milbank, Tweed, Hadley & McCloy, New York City (Russell E. Brooks, of counsel), for Garnishee-Appellant.

Thomas L. Tisdale, Tisdale & Associates, New York City (Patrick F. Lennon, of counsel), for Plaintiffs-Appellees.

Before: OAKES, KEARSE, and WINTER, Circuit Judges.


WINTER, Circuit Judge:

The Hongkong and Shanghai Banking Corporation Limited ("HSBC") appeals from Judge Sotomayor's denial of HSBC's motion to vacate various Supplemental Admiralty Rule B attachments of Abdullah Mohamed Fahem & Co.'s ("Fahem") account with HSBC in favor of a state law set-off right created by New York Debtor and Creditor Law Section 151. We hold that Section 151 is preempted by Rule B and affirm.

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