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CALLAWAY ICE & FUEL CO. v. THE RUTHELINE

No. 190.

131 F.Supp. 615 (1955)

CALLAWAY ICE & FUEL CO., Inc., Libelant, v. THE RUTHELINE, Her engines, tackle, furniture, apparel, etc., and J. B. Ward, as owner thereof, Respondent.

United States District Court S. D. Texas, Brownsville Division.

May 6, 1955.

Attorney(s) appearing for the Case

Crain, Muggley, Hardy & Colvin, San Benito, Tex., for libelant.

Cox, Wagner, Adams & Wilson, Chas. D. Kennedy, Brownsville, Tex., for J. H. Schmidt.

Tatum, Camp & Ball, Beaumont, Tex., for J. B. Ward, Fort Isabel, Tex., pro se.

ALLRED, District Judge.

Libelant filed this proceeding on February 17, 1955, asserting a maritime lien for furnishing ice, fuel and other necessaries to the Rutheline. Intervening libels were filed by J. H. Schmidt, R. E. Spriggs and Frank M. Taylor on March 1st, 11th and 14th, respectively, the last named based upon an alleged Preferred Ship's Mortgage securing payment of $8,071.11.

Meantime the Rutheline had been seized by the Marshal on February 19, 1955...

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