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Lloyd's Maritime Law Newsletter

Marastro Compania Naveria v. Canadian Maritime Carriers Ltd. (The Derby North) - U.S. Court of Appeals - (5th Circuit) (Reynaldo G. Garza and Garwood C.JJ. and Scott D.J.) - 28 April 1992

Judgment creditor seized vessel’s cargo in mistaken belief that cargo owned by judgment debtor - Whether cargo owners and vessel’s charterers entitled to damages for wrongful seizure

Marastro Compania Naviera (“Marastro”) was a judgment creditor in a judgment against the Food Corporation of India (“F.C.I.”), an agency independent of the Government of India (“G.O.I.”). Believing that the National Agricultural Cooperative Marketing Federation of India Ltd. (“N.A.F.E.D.”) and F.C.I. were alter egos of the G.O.I, Marastro seized a shipment of corn allegedly belonging to N.A.F.E.D. which was loaded aboard the vessel Derby North , which had been charged to Canadian Maritime Carriers Ltd. (“Canadian”).

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