Melwire Trading Company, Inc. v. M/v Cape Antibes, Etc., in Rem and Aria Shipping Co., Ltd, in Personam

Plaintiff-appellant, Melwire Trading Company (Melwire), filed suit against the M/V Cape Antibes, (Antibes) seeking to recover the costs associated with certain shipping delays. The district court dismissed Melwire’s action for lack of in rem jurisdiction. We affirm.

I

The Antibes sailed from Northfleet, England, on June 4, 1979 with a cargo of cement destined for delivery to Melwire in San Diego, California. The vessel was scheduled to arrive in San Diego twenty-one days later, on June 25, 1979. Because of a mechanical failure in the crankshaft of its port engine while off the coast of Cork, Ireland, the Antibes did not arrive in San Diego until October 2, 1979 — a delay of ninety-nine days.

During the delay, Melwire arranged to buy three smaller shipments of cement from Panama to satisfy its contractual obligations. Melwire also incurred additional interest expenses in maintaining its letter of credit financing the cargo beyond its due date of July 1, 1979. Melwire had only enough space in its warehouse for the shipment and, because of the uncertainties caused by the Antibes’ delay, could not order additional shipments of cement.

When the vessel arrived in San Diego, there…