Andrew Konstantinidis, Libellant-Appellant v. Denizcilik Bankasi T.A.O.

Second Circuit

Andrew Konstantinidis, Libellant-Appellant v. Denizcilik Bankasi T.A.O.

307 F.2d 584, 1962 U.S. App. LEXIS 4206

CourtCourt of Appeals for the Second Circuit

DecidedAugust 30, 1962

Docket404, Docket 27492

StatusPublished

Cited by4 cases

This text of 307 F.2d 584 (Andrew Konstantinidis, Libellant-Appellant v. Denizcilik Bankasi T.A.O.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Andrew Konstantinidis, Libellant-Appellant v. Denizcilik Bankasi T.A.O., 307 F.2d 584, 1962 U.S. App. LEXIS 4206 (2d Cir. 1962).

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Opinion

PER CURIAM.

This is an appeal pursuant to 28 U.S. C. § 1291 from an order of Judge Metz- *585 ner, dated July 26, 1962, in the United States District Court for the Southern District of New York, releasing, on the posting of a bond for $250,000, an attachment in the amount of $1,660,000 obtained in an admiralty suit by writ of foreign attachment. After noting the difficulty of determining from the papers before him what was the law applicable to the libel, concededly that of Turkey, Judge Metzner based his order fixing the amount of the bond on the apparent availability in Turkey of assets of the respondent sufficient to meet any award made to the libellant in arbitration proceedings pending there and on affidavits of the proctors for both parties concerning negotiations between them for a release of the attachment. The libellant contests the appropriateness of these considerations in determining what was a “fair and equitable” amount for the bond.

Without passing on the question of ap-pealability, we find no merit in the appellant’s contentions, and for that reason affirm the order below.

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PER CURIAM.

This is an appeal pursuant to 28 U.S. C. § 1291 from an order of Judge Metz- *585 ner, dated July 26, 1962, in the United States District Court for the Southern District of New York, releasing, on the posting of a bond for $250,000, an attachment in the amount of $1,660,000 obtained in an admiralty suit by writ of foreign attachment. After noting the difficulty of determining from the papers before him what was the law applicable to the libel, concededly that of Turkey, Judge Metzner based his order fixing the amount of the bond on the apparent availability in Turkey of assets of the respondent sufficient to meet any award made to the libellant in arbitration proceedings pending there and on affidavits of the proctors for both parties concerning negotiations between them for a release of the attachment. The libellant contests the appropriateness of these considerations in determining what was a “fair and equitable” amount for the bond.

Without passing on the question of ap-pealability, we find no merit in the appellant’s contentions, and for that reason affirm the order below.

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307 F.2d 584, 1962 U.S. App. LEXIS 4206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrew-konstantinidis-libellant-appellant-v-denizcilik-bankasi-tao-ca2-1962.

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