[DOWNLOAD] "Dluhos v. Floating and Abandoned Vessel" by Second Circuit U.S. Court Of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Dluhos v. Floating and Abandoned Vessel
- Author : Second Circuit U.S. Court Of Appeals
- Release Date : January 20, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
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.