Aosta Shipping Co. Ltd. v. OSL Steamship Corp., (2nd Cir. 2009)
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09-0481-cv
Aosta Shipping Co. Ltd. v. OSL Steamship Corp.
UNITED STATES COURT OF APPEALS
F OR T HE S ECOND C IRCUIT
SUMMARY ORDER
R ULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT . C ITATION TO SUMMARY ORDERS FILED AFTER J ANUARY 1, 2007,
IS PERMITTED AND IS GOVERNED BY THIS COURT ' S L OCAL R ULE 32.1 AND F EDERAL R ULE OF A PPELLATE P ROCEDURE 32.1. I N A
BRIEF OR OTHER PAPER IN WHICH A LITIGANT CITES A SUMMARY ORDER , IN EACH PARAGRAPH IN WHICH A CITATION APPEARS , AT LEAST
ONE CITATION MUST EITHER BE TO THE F EDERAL A PPENDIX OR BE ACCOMPANIED BY THE NOTATION : "( SUMMARY ORDER
CITING A SUMMARY ORDER MUST SERVE A COPY OF THAT SUMMARY ORDER TOGETHER WITH THE PAPER IN WHICH THE SUMMARY ORDER IS
CITED ON ANY PARTY NOT REPRESENTED BY COUNSEL UNLESS THE SUMMARY ORDER IS AVAILABLE IN AN ELECTRONIC DATABASE WHICH
IS PUBLICLY ACCESSIBLE WITHOUT PAYMENT OF FEE ( SUCH AS THE DATABASE AVAILABLE AT HTTP :// WWW . CA 2. USC O UR T S . GOV /).
IF NO COPY IS SERVED BY REASON OF THE AVAILABILITY OF THE ORDER ON SUCH A DATABASE , THE CITATION MUST INCLUDE REFERENCE
TO THAT DATABASE AND THE DOCKET NUMBER OF THE CASE IN WHICH THE ORDER WAS ENTERED .
At a stated Term of the United States Court of Appeals
for the Second Circuit, held at the Daniel Patrick Moynihan
United States Courthouse, 500 Pearl Street, in the City of
New York, on the 26 th day of October, two thousand and nine.
Present: GUIDO CALABRESI,
RICHARD C. WESLEY,
Circuit Judges. *
AOSTA SHIPPING CO. LTD.,
Plaintiff-Appellant,
- v. - (09-0481-cv)
OSL STEAMSHIP CORP.,
Defendant-Appellee,
ZHANGJIANG FAREAST INTERNATIONAL SHIPPING
AGENCY CO. and CLEAR WATER SHIPPING LIMITED,
Defendants.
Appearing for Appellant: GEORGE MICHAEL CHALOS Oyster Bay, New York.
Appearing for Appellee: CHARLES E. MURPHY New York, New York.
Appeal from the United States District Court for the Southern District of New York (Rakoff, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the United States District Court for the Southern District of New York be VACATED and REMANDED.
Plaintiff Aosta Shipping Co. Ltd. appeals a January 26, 2009 order of the United States District Court for the Southern District of New York (Rakoff, J.). While this appeal was sub judice, we decided The Shipping Corp. of India Ltd. v.
Jaldhi Overseas Pte Ltd., Nos. 08-3477-cv(L), 08-3758-cv(XAP), 2009 WL 3319675 (2d Cir. Oct. 16, 2009), in which we overruled Winter Storm Shipping, Ltd. v. TIP, 310 F.3d 263 (2d Cir.
2002), and held that electronic fund transfers being processed by intermediary banks are no longer subject to attachment under Rule B. Accordingly, we VACATE the district court's order and REMAND the matter for consideration in light of this recent decision.
For the Court Catherine O'Hagan Wolfe, Clerk By:
* The Honorable Jed S. Rakoff, United States District Court for the Southern District of New York, was originally assigned to this panel by designation. Because Judge Rakoff issued the decision below, however, he has taken no part in the consideration of this appeal. The two remaining members of the panel, who are in agreement, have determined the matter. See 28U.S.C. § 46(d); Local Rule 0.14(2); see also United States v. Desimone, 140 F.3d 457 (2d Cir. 1998).
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