Note by Terry A. O'Neill
A Bahamian petroleum company sued the Canadian charterers of a Soviet flag vessel in the United States District Court for the Western District of Washington. The company complained that it had supplied fuel oil and other services to the chartered vessel at Freeport, Grand Bahama Island, but had never been paid. To establish the district court's jurisdiction over defendants, plaintiff, pursuant to rule B(1) of the Federal Rules of Civil Procedure, effected an attachment of defendants' bank account located in the forum district. Defendants objected that rule B(1) violates both substantive and procedural due process. Although the district court found maritime attachment not subject to the "minimum contacts" standard of Shaffer v. Heitner, it nevertheless dismissed the case for lack of jurisdiction, holding that rule B(1) violates the due process clause of the fifth amendment by failing to protect against mistaken deprivation of property. Grand Bahama Petroleum Co. v. Canadian Transportation Agencies, Ltd., 450 F. Supp. 447 (W.D. Wash. 1978).
About the Author
Terry A. O'Neill.
Citation
53 Tul. L. Rev. 944 (1979)