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ProShipLine, Inc. v. Aspen Infrastructures, Ltd.

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Argued: March 12, 2009

Before: McLAUGHLIN and SACK, Circuit Judges, and KAPLAN, District Judge.*fn1

ProShipLine, Inc., the plaintiff-appellant, and EP-Team, Inc., not a party to this proceeding, are engaged in a breach-of-contract dispute with Aspen Infrastructures, Ltd., the defendant-appellee. What appears to have been a relatively simple matter, however, has metastasized, spreading across several proceedings spanning a variety of districts, states, and continents. Two separate proceedings related to this dispute are pending in the Southern District of New York. In one, Aspen secured an ex parte order of maritime attachment against EPTeam’s assets. In the second, ProShipLine sought and secured an ex parte order of attachment against Aspen’s assets worth close to two million dollars. On Aspen’s motion, the district court vacated ProShipLine’s attachment of Aspen’s assets, concluding, inter alia, that both Aspen and ProShipLine are present in the Southern District of Texas. On appeal in this second case only, ProShipLine challenges the vacatur. We affirm.

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