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FINDLEY v. LANASA

No. 17837.

276 F.2d 907 (1960)

H. W. FINDLEY, Owner, Claimant, Appellant, v. Henry P. LANASA, Libelant, Appellee.

United States Court of Appeals Fifth Circuit.

April 4, 1960.

Attorney(s) appearing for the Case

Frank J. O'Connor, Miami, Fla., Wm. J. Sheridan, Jr., Balboa Heights, Canal Zone, for appellant.

Simone N. Gazan, New York City, Charles E. Ramirez, Balboa, Canal Zone, Van Siclen & Ramirez, Balboa, Canal Zone, Calvin E. Cohen, Baltimore, Md., for appellee, Henry P. Lanasa.

Before HUTCHESON, TUTTLE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This case deals with the problem of a maritime lien for cash advances made to a master for use in payment of crew's wages. Specifically, the narrow issue is the extent and nature of the proof required to show actual application of the funds to payment of wages. The District Court on rehearing held that a lien existed. The unsuccessful Claimant to the vessel, stating himself to be the owner but found by the District Court to be a mere...

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