Pride Shipping Corporation v. Tafu Lumber Company

Good Law
898 F.2d 1404·1990 WL 27724·1990 A.M.C. 1256·1990 U.S. App. LEXIS 3870
United States Court of Appeals for the Ninth CircuitMarch 19, 199088-4273California3,473 words

Opinion

Opinion

Fernandez, J.

Pride Shipping Corp. (“Pride”) filed this action in admiralty against Tafu Lumber Company (“Tafu”). The action was based upon a claim that Tafu had, among other things, improperly allowed a ship owned by Pride to sustain damage after it was chartered to Tafu. Pride obtained an attachment of the bunkers of another ship chartered by Tafu, which it found within the Western District of Washington. It did so for the purported purpose of obtaining jurisdiction over Tafu in that district. At a post-attachment hearing the district court ordered release of the attachment, because Tafu claimed to be within the district, agreed to accept service, and agreed to make a general appearance. Pride did not obtain a stay of that order, but filed this appeal from it.

We dismiss the appeal on grounds that the issue is now moot, even though we otherwise have jurisdiction.

BACKGROUND FACTS

Pride is a Greek corporation which owns the M/V Oinoussian Pride. It chartered that to Tafu. Tafu is a Hong Kong corporation. It claims that it has operated through TAT USA, Inc. in Everett, Washington since 1983. Tafu is in the business of exporting wood products and lumber from the United States to countries in…

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