510 F.2d 451 (4th Cir. 1975), 74--1544, M. W. Zack Metal Co. v. International Navigation Corp.

Docket Nº:74--1544.
Citation:510 F.2d 451
Party Name:M. W. ZACK METAL COMPANY, Appellant, v. INTERNATIONAL NAVIGATION CORPORATION, Appellee.
Case Date:January 16, 1975
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit

Page 451

510 F.2d 451 (4th Cir. 1975)

M. W. ZACK METAL COMPANY, Appellant,

v.

INTERNATIONAL NAVIGATION CORPORATION, Appellee.

No. 74--1544.

United States Court of Appeals, Fourth Circuit

January 16, 1975

Argued Dec. 5, 1974.

As Modified on Denial of Rehearing

March 10, 1975.

Page 452

Anthony B. Cataldo, New York City (Jett, Berkley, Furr & Heilig, Norfolk, Va., on brief), for appellant.

John W. Winston, Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge, and THOMSEN, Senior District Judge.

THOMSEN, Senior District Judge.

M. W. Zack Metal Company (Zack) appeals from an order of the district court dismissing an action filed therein by Zack against International Navigation Corporation, a Liberian corporation (International). Zack had designated its action as an admiralty and maritime claim within the meaning of Rule 9(h), F.R.Civ.P., and caused the vessel Virtus, owned by International, to be attached.

International chartered its vessel Severn River to Contam Linie Hansen (the charterer), a German partnership, for a voyage in 1960 from Antwerp, Belgium, to New York. The charterer solicited cargo to be transported on board the Severn River and issued its bills of lading for such cargo signed by the vessel's master. Zack shipped with the charterer 93 coils of hot-rolled steel, for which a clean bill of lading was issued, but which were found to be damaged when they were discharged in New York.

In 1961 Zack instituted a suit in a court in Hamburg, Germany, where the charterer resided, against the charterer, the individual partners of the charterer, and International. In 1966 that court found the charterer and its partners liable for the damage to Zack's steel and entered a money judgment for the full amount of the damage in favor of Zack against the charterer and its partners. Zack's claim against International was postponed for later decision.

In 1971 the German court rendered a further decision holding, according to the agreed translation, that 'personal liability of the ship's owner does not exist', but that the 'claims because of cargo damages are secured through a ship's creditor's right, even if--as in the present case--the carrier is not at the same time the ship's owner'. The court entered a judgment that International 'is...

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3 practice notes
  • 675 F.2d 525 (2nd Cir. 1982), 473, M. W. Zack Metal Co. v. International Navigation Corp. of Monrovia
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Second Circuit
    • 12 Abril 1982
    ...of the owner or the attachment of any other vessel owned by International." M. W. Zack Metal Co. v. International Navigation Corp., 510 F.2d 451, 452-53 (4th Cir.), cert. denied, 423 U.S. 835, 96 S.Ct. 60, 46 L.Ed.2d 53 (1975). On January 9, 1975, the Hanseatic Provincial Court of Appe......
  • 816 F.3d 273 (4th Cir. 2016), 14-2378, Providence Hall Assocs. L.P. v. Wells Fargo Bank, N.A.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fourth Circuit
    • 11 Marzo 2016
    ...a res judicata effect on in personam lender liability claims. In support, PHA points to M.W. Zack Metal Co. v. Int'l Navigation Corp., 510 F.2d 451 (4th Cir. 1975). Zack Metal, however, does not address res judicata. As Wells Fargo correctly points out, " Zack Metal stands for the prop......
  • 664 F.2d 904 (4th Cir. 1981), 79-1493, Amstar Corp. v. S/S Alexandros T.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fourth Circuit
    • 10 Noviembre 1981
    ...See Gilmore and Black, The Law of Admiralty 622-33 (2d ed. 1975). [24] M. W. Zack Metal Co. v. International Navigation Corp., 510 F.2d 451 (4th Cir. 1975); see also rule E(8). [25] Mitchell v. W. T. Grant Co., 416 U.S. 600, 94 S.Ct. 1895, 40 L.Ed.2d 406 (1974). [26] See Fuentes v. Shevin, ......
3 cases
  • 675 F.2d 525 (2nd Cir. 1982), 473, M. W. Zack Metal Co. v. International Navigation Corp. of Monrovia
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Second Circuit
    • 12 Abril 1982
    ...of the owner or the attachment of any other vessel owned by International." M. W. Zack Metal Co. v. International Navigation Corp., 510 F.2d 451, 452-53 (4th Cir.), cert. denied, 423 U.S. 835, 96 S.Ct. 60, 46 L.Ed.2d 53 (1975). On January 9, 1975, the Hanseatic Provincial Court of Appe......
  • 816 F.3d 273 (4th Cir. 2016), 14-2378, Providence Hall Assocs. L.P. v. Wells Fargo Bank, N.A.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fourth Circuit
    • 11 Marzo 2016
    ...a res judicata effect on in personam lender liability claims. In support, PHA points to M.W. Zack Metal Co. v. Int'l Navigation Corp., 510 F.2d 451 (4th Cir. 1975). Zack Metal, however, does not address res judicata. As Wells Fargo correctly points out, " Zack Metal stands for the prop......
  • 664 F.2d 904 (4th Cir. 1981), 79-1493, Amstar Corp. v. S/S Alexandros T.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fourth Circuit
    • 10 Noviembre 1981
    ...See Gilmore and Black, The Law of Admiralty 622-33 (2d ed. 1975). [24] M. W. Zack Metal Co. v. International Navigation Corp., 510 F.2d 451 (4th Cir. 1975); see also rule E(8). [25] Mitchell v. W. T. Grant Co., 416 U.S. 600, 94 S.Ct. 1895, 40 L.Ed.2d 406 (1974). [26] See Fuentes v. Shevin, ......