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Publisher Description

August Term, 1997 Argued: August 12, 1998 Appeal from a judgment of the United States District Court for the Northern District of New York (David R. Homer, Magistrate Judge) dismissing the complaint for lack of in rem jurisdiction and denying a motion to amend the complaint. We hold that this in rem admiralty action against a vessel to quiet title may not proceed because the vessel was never arrested and therefore the trial court lacked jurisdiction. We further hold that any amendment to the complaint would be futile because in rem actions against vessels sound exclusively in admiralty or, alternatively, because the vessel may not be presumed to be abandoned under the substantive law of admiralty. Affirmed.

GENRE
Professional & Technical
RELEASED
1998
20 November
LANGUAGE
EN
English
LENGTH
26
Pages
PUBLISHER
LawApp Publishers
SELLER
Innodata Book Distribution Services Inc
SIZE
73.3
KB

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