Swift & Company Packers et al. v. Compania Colombiana Del Caribe, S. A. et al. (339 U.S. 684)

U.S. Supreme Court · decided June 5, 1950 · Supreme Court Database (Spaeth)

Citation
339 U.S. 684 · 70 S. Ct. 861
Docket
No. 230
Argued
December 14, 1949
Decided
June 5, 1950
Term
October Term 1949
Vote
8–0
Majority author
Justice Frankfurter
Issue area
Judicial Power
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Liberal

How the Justices voted

Majority
Chief Justice Vinson, Justice Minton, Justice Clark, Justice Burton, Justice R. H. Jackson, Justice Frankfurter (wrote), Justice Reed, Justice Black

Opinion on Justia

Opinion excerpt

Mr. Justice Frankfurter delivered the opinion of the Court. The question before us is the propriety of an order of the District Court for the Canal Zone vacating a foreign attachment of a vessel made in a libel in personam. We granted certiorari because important questions relating to the scope of admiralty jurisdiction and its exercise are in issue. 338 U. S. 813. On March 7, 1948, the libel was filed against Compania Transmaritima Colombiana, S. A., a Colombian corporation, by Swift & Company Packers, a Nevada corporation, certain Cuban corporations and individuals, and a Colombian citizen. They brought the libel as owners of rice shipped from Ecuador to Cuba. It was alleged that the cargo had been delivered in good order to the M/V Cali, owned and operated by Transmaritima, and that the vessel had sunk, or partially sunk, off the island of Grand Cayman with resulting nondelivery of the cargo. This was supplemented by allegations of negligence. Process was prayed with the further request that if the respondent could not be found its goods and chattels be attached, particularly a vessel known as the Alacran, or Caribe. This vessel was thereupon attached by the marshal. On March 8, libellants filed a supplemental and amended libel, and on the basis of the following allegations joined the Compania Colombiana Del Caribe, S. A., as respondent. On or shortly prior to March 4, the…

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