Alphamate Commodity GmbH v CHS Europe SA and Anr (The "Golden Star") - United States Court of Appeals (5th Circuit)(Jones CJ, Prado Ct J and O'Connor DJ) - 29 November 2010

(2011) 817 LMLN 4

Admiralty jurisdiction - Contracts for sale of grain - Grain merchant obtaining Rule B maritime attachment on shipment of corn in respect of claim for damages, demurrage and detention - Dispute as to who had title to the corn - Whether court had jurisdiction to grant Rule B attachment

The plaintiff (“Alphamate”) obtained a Rule B attachment in New Orleans on a shipment of corn that had been loaded on the vessel Golden Star bound for Green Valley for Animal Feed Libya (“AFL”) in Tripoli, Libya. Alphamate was owed money by AFL. Immediately following that ex parte order, the corn seller, CHS Inc, and its affiliate, CHS Europe (collectively “CHS”) intervened and moved to vacate the attachment. CHS contended that they owned the corn because under the contract between CHS and AFL, title transferred upon payment, which had not occurred. The district court agreed with CHS on the merits and vacated the attachment.