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OCEAN CARGO LINES, LTD. v. NORTH ATLANTIC MARINE CO.

227 F.Supp. 872 (1964)

OCEAN CARGO LINES, LTD., as Owner of the S.S. Atlantic Sun, Libelant, v. NORTH ATLANTIC MARINE CO., Inc. and The Sub-Freights of the S.S. Atlantic Sun, Respondents, and Texaco, Inc., Claimant. TEXACO, INC., Libelant, v. The Sub-Freights of the S.S. ATLANTIC SUN, Respondent.

United States District Court S. D. New York.

March 24, 1964.

Attorney(s) appearing for the Case

Zock, Petrie, Sheneman & Reid, New York City, for the libelant-owner, Ocean Cargo Line, Ltd.; Howard M. McCormack, New York City, of counsel.

Boal, McQuade & Fitzpatrick, New York City, for the claimant-libelant, Texaco Inc.; Arthur M. Boal, Jr., New York City, of counsel.

FEINBERG, District Judge.

This case involves the assertion of competing maritime liens against the same fund. The proceeding was commenced by the filing of a libel in rem by Ocean Cargo Line, Ltd. ("Shipowner"), owner of the S.S. Atlantic Sun ("Atlantic Sun"), to enforce a maritime lien for unpaid charter hire due under a time charter with North Atlantic Marine Co., Inc. ("Charterer") for an amount in excess of attached subfreights of $6,053.81.1...

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