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TAMPA SHIP REPAIR & DRY DOCK CO. v. ESSO EXPORT CORP.

No. 16070.

237 F.2d 506 (1956)

TAMPA SHIP REPAIR AND DRY DOCK COMPANY, Inc., Claimant, Appellant, v. ESSO EXPORT CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

October 24, 1956.

Attorney(s) appearing for the Case

Chester H. Ferguson, Tampa, Fla., Thomas A. Hamilton, Hamilton, Denniston, Butler & Riddick, Mobile, Ala., for appellant.

George F. Wood, Pillans, Reams, Tappan, Wood & Roberts, Mobile, Ala., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

On May 28, 1954, the S. S. Cortes, owned by Tampa Ship Repair & Dry Dock Co., Inc., was chartered under demise form with a restricted purchase option to South Pacific Steamship Lines, Inc. The charter contained, in the usual and unmistakable language, a provision1 absolutely forbidding the creation of maritime liens.

Esso Export Corporation, with knowledge both of ownership of the vessel by Tampa...

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