Stevedoring Services of America v. Ancora Transport, N.V.

Stevedoring Services of America (SSA) appealed from an order vacating a writ garnishing funds allegedly held by one of its debtors. We dismissed SSA’s appeal in the belief that we lost jurisdiction of the appeal when the district court relinquished control over the funds, the basis for jurisdiction of SSA’s admiralty action. 941 F.2d 1378 (9th Cir.1991). The Supreme Court vacated our opinion and remanded the case for further consideration *881 in light of Republic National Bank of Miami v. United States, 506 U.S. -, 113 S.Ct. 554 , 121 L.Ed.2d 474 (1993). 506 U.S. -, 113 S.Ct. 955 , 122 L.Ed.2d 113 (1993). Having considered the case in light of Republic National Bank, we conclude we have jurisdiction and affirm the district court’s order releasing the funds.

I. Facts and Proceedings

The writ of garnishment in question arose out of a maritime contract dispute between Stevedoring Services (“SSA”) and Ancora Transport, N.V., a Netherlands Antilles corporation which chartered the MW RISAN (“Ancora”), Armilla (Rotterdam), Ancora’s agent, Armilla (London), the owner of the garnished funds, and Armilla (Houston), the company which SSA alleges to have been Aneora’s U.S. agent. SSA had a…