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FIRST SUFFOLK NATIONAL BANK v. THE AIR BRANT

125 F.Supp. 709 (1954)

FIRST SUFFOLK NATIONAL BANK OF HUNTINGTON, Libelant, v. THE AIR BRANT, etc. THE DEMAND, etc.

United States District Court E. D. New York.

November 7, 1954.

Attorney(s) appearing for the Case

Abraham W. Sereysky, New York City, for petitioner Prather-Johnston, Inc.

Bernhardt, Sahn, Shapiro & Epstein, New York City, Mendes & Mount, Walter B. Hall, New York City, of counsel, for First Suffolk Nat. Bank, libelant.

Alfred J. Bedard, New York City, By Julian A. Ronan, New York City, of counsel, for respondent Burmeister & Wain American Corp.

Kreis & Kreis, New York City, for Consolidated Fisheries Co.

INCH, Chief Judge.

On January 22, 1954 libelant, the First Suffolk National Bank of Huntington, duly recorded a fleet mortgage against both the vessels herein concerned. On August 23, 1954, libelant duly proceeded against the vessels in rem to foreclose this preferred mortgage, and the United States marshal, now in possession of the vessels, is about to sell same.

After the recording of the mortgage, Prather...

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