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PASCAGOULA DOCK STATION v. MERCHANTS & MARINE BANK

No. 17682.

271 F.2d 53 (1959)

PASCAGOULA DOCK STATION, a Partnership, Appellant, v. MERCHANTS AND MARINE BANK, Intervenor, Appellee.

United States Court of Appeals Fifth Circuit.

September 30, 1959.

Attorney(s) appearing for the Case

John F. Bryan, Jr., Johnston & Bryan, Pascagoula, Miss., for appellant.

Charles D. Marshall, New Orleans, La., J. I. Ford, Pascagoula, Miss., Charles W. Howard, Jr., New Orleans, La., Milling, Saal, Saunders, Benson & Woodward, New Orleans, La., of counsel, for appellee.

Before JONES, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

We here deal with questions of the validity of a preferred ship mortgage, 46 U.S.C.A. § 922, on the fishing vessel M/V T. E. Welles and the correctness of the Trial Judge's action in holding that the preferred ship mortgage to the Bank outranked a prior maritime lien in favor of Pascagoula Dock Station.

The litigation began as a libel in rem filed July 18, 1958 by Pascagoula to enforce a lien in the sum of $1,933.95...

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