Michael

This is a maritime cause of action within the meaning of Rule 9(h), Federal Rules of Civil Procedure, brought in rem and in personam for alleged damage to cargo. Jurisdiction is conferred upon this court by 28 U.S.C. § 1333 .

The plaintiffs are German citizens and the named defendants are, respectively, a Liberian flag vessel and her owner, a Panamanian corporation. Plaintiffs claim to have been the owners of certain cargoes of copra intended for carriage from the Philippines to Germany which allegedly sustained damage by reason of fire while on board the THANASIS in the Philippines.

For the voyage in question, the THANASIS was under charter from her owner to Filipinas Compañía de Navegación, S.A. This charter party was executed in England and includes inter alia the following provisions:

Plaintiffs allege that they are the bona fide purchasers of certain bills of lading issued in conjunction with said charter party and concerning the shipment of copra alleged to have been damaged. These bills of lading are denominated MAN-6, MAN-7, and MAN-8. Each such bill is under the heading,

BILL OF LADING

(Loading under Charter Party)

and each such bill includes inter alia the…