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GARCIA v. M/V KUBBAR

No. 95-CV-1150 (LEK/DRH).

4 F.Supp.2d 99 (1998)

Sairo GARCIA, Eloisa Gomez Garcia, individually and as Administrator for the Estate of Jose David Milian Mendoza and Empresa Portuaria Quetzal, Plaintiffs, v. M/V KUBBAR, her engines, tackle, apparel, appurtenances, etc., in rem, Defendant. M/V KUBBAR, her engines, tackle, apparel, appurtenances, etc., in rem, Defendant and Third-Party Plaintiff, v. FLOTA MERCANTE GRANCOLOMBIANA, S.A., Third-Party Defendant.

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

January 20, 1998.

Attorney(s) appearing for the Case

Office of Peter A. Tulin, Saratoga Springs, NY, Peter A. Tulin, of counsel, Ballen, Gertel & Dicintio, Cherry Hill, NY, Jane M. Fearn-Zimmer, of counsel, Feldman & Troup, New York City, Steven Troup, of counsel, for Plaintiffs.

Clark, Atcheson & Reisert, New York City, Frank A. Atcheson, of counsel, for Defendant and Third-Party Plaintiff.

Walker & Corsa, New York City, R. Brett Kelly, of counsel, for Third-Party Defendant.

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

This admiralty in rem action commenced with the arrest of defendant M/V KUBBAR, a merchant cargo vessel registered under the laws of Kuwait. The defendant now moves for summary judgment on the grounds that plaintiffs have failed to establish the existence of a maritime lien that is a prerequisite for in rem jurisdiction. For the reasons discussed below, defendant's motion is granted...

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