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CUMMINS DIESEL MICHIGAN, INC. v. THE FALCON

No. 13613.

305 F.2d 721 (1962)

CUMMINS DIESEL MICHIGAN, INC., Libellant-Appellee, v. THE FALCON, her tackle, apparel, etc., et al., Respondent and Intervenors-Appellees, and W. C. Wright, d/b/a Wright Construction Company, Claimant-Appellant.

United States Court of Appeals Seventh Circuit.

July 10, 1962.

Attorney(s) appearing for the Case

James A. Boyle, Jr., Chicago, Ill., O'Brien & Boyle, Chicago, Ill., for appellant.

Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., Proctors for appellee Cummins Diesel Michigan, Inc.

William D. North, Chicago, Ill., Jay Erens, Chicago, Ill., of counsel, for appellee David J. Zimring.

Hough, Young & Coale, Chicago, Ill., for appellee Falcon Marine Co.

John W. Hough, Chicago, Ill., John J. Hogan, Chicago, Ill., of counsel, for appellee Boonstra Bros.

Before SCHNACKENBERG, CASTLE and MAJOR, Circuit Judges.

MAJOR, Circuit Judge.

This is an action in admiralty commenced August 3, 1960, by Cummins Diesel Michigan, Inc. (appellee), by the filing in the District Court a libel in rem against the vessel, "The Falcon," asserting a maritime lien against it. Pursuant to this libel, a monition in rem was issued, the Marshal attached the vessel and notice of the proceeding was published, pursuant to law.

At various subsequent times, Wright (appellant) and...

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