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ARQUES SHIPYARDS v. THE S.S. CHARLES VAN DAMME

No. 27850.

175 F.Supp. 871 (1959)

ARQUES SHIPYARDS, a sole proprietorship, Libelant, v. THE S.S. CHARLES VAN DAMME, her engines, boilers, tackle, apparel and furniture, Respondent.

United States District Court N. D. California, S. D.

May 26, 1959.

Attorney(s) appearing for the Case

Herron & Winn, San Francisco, Cal., for libelant.

Ludford S. Kalfos, Sausalito, Cal., in pro. per.

Thacher, Jones, Casey & Ball, San Francisco, Cal., for claimant trustee in bankruptcy.

Robert H. Schnacke, U. S. Atty., by Charles E. Collett, Asst. U. S. Atty., San Francisco, Cal., for claimant Department of Internal Revenue.

WOLLENBERG, District Judge.

This libel in rem alleges a maritime lien (46 U.S.C.A. § 971) for "wharfage, berthage, dockage facilities, towing and materials to be used in and upon said vessel." The exceptions to the libel challenge the Court's jurisdiction on the ground that the respondent vessel S. S. Charles Van Damme, was not within the maritime jurisdiction.

The affidavit in support of the exceptions states that on December 1, 1957, the respondent...

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