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MERCHANTS & MARINE BANK v. THE T. E. WELLES

No. 18413.

289 F.2d 188 (1961)

MERCHANTS & MARINE BANK, Appellant, v. THE Fishing Vessel T. E. WELLES, etc., Appellee.

United States Court of Appeals Fifth Circuit.

April 12, 1961.

Attorney(s) appearing for the Case

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

Albert S. Johnston, III, John F. Bryan, III, Pascagoula, Miss., Johnston & Wilson, Pascagoula, Miss., for Pascagoula Dock Station, appellee.

Before TUTTLE, Chief Judge, and BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

We deal with this case for a second time. As before it presents questions of priority of general maritime liens for supplies in opposition to that of a preferred ship mortgage. Laches was, or was thought to be, the important question.

On its first appearance, Pascagoula Dock Station v. Merchants and Marine Bank, 5 Cir., 1959, 271 F.2d 53, 1959 A.M.C. 2207, we did two things. First, we upheld the...

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