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U.S. v. EX-USS CABOT/DEDALO

No. 00-41358.

297 F.3d 378 (2002)

UNITED STATES of America; et al., Plaintiffs, United States of America, Plaintiff-Appellee, v. EX-USS CABOT/DEDALO, etc., Defendant, Marine Salvage & Services, Inc., Intervenor Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

July 1, 2002.

Attorney(s) appearing for the Case

Peter Glenn Myer (argued), U.S. Dept. of Justice, Torts Branch Civil Div., Washington, DC, for Plaintiff-Appellee.

T. Mark Blakemore (argued), Rentfro, Faulk & Blakemore, Brownsville, TX, for Marine Salvage & Services Inc.

Before JONES, WIENER, and PARKER, Circuit Judges.

WIENER, Circuit Judge:

Intervenor Plaintiff-Appellant Marine Salvage & Services, Inc. ("Marine Salvage"), which asserted a lien for marine necessaries against the EX-U.S.S. CABOT/DEDALO ("the CABOT"), appeals from the district court's ruling that Plaintiff-Appellee the United States of America ("the government") has a salvage lien against the same ship, priming Marine Salvage's lien. We hold that the government cannot assert a salvage claim in the...

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