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MOON ENGINEERING CO. v. AMERICAN STEAMSHIP VALIANT POWER

No. 523.

214 F.Supp. 555 (1963)

MOON ENGINEERING COMPANY, Inc., Libelant, v. AMERICAN STEAMSHIP VALIANT POWER, et al., Respondents.

United States District Court E. D. Virginia, Newport News Division.

February 18, 1963.

Attorney(s) appearing for the Case

Jetts, Sykes & Coupland, Baird, Crenshaw & Ware, David H. Batchelder, Jr., Norfolk, Va., Ferguson, Yates & Stephens, Newport News, Va., Kanter & Kanter, Vandeventer, Black, Meredith & Martin, Fine, Fine, Legum & Schwan, Howell, Anninos & Daugherty, Steingold, Steingold & Chovitz, Amato, Babalas, Breit & Cohen, Norfolk, Va., Burt M. Morewitz, Newport News, Va., William A. Redfern, Jr., Norfolk, Va., for libellants and intervening libellants.

Seawell, McCoy, Winston & Dalton, Norfolk, Va., for Coal Export Corp.

WALTER E. HOFFMAN, Chief Judge.

The issue in this case raises an interesting question under the Ship Mortgage Act, especially 46 U.S.C. § 802(b) (d), § 911(5) and § 922(a) (5). A related phase of the case pertaining to an upset bid made in connection with the purchase of the VALIANT POWER has previously been considered by the Court of Appeals for the Fourth Circuit. American Tramp Shipping & Development Corp. v. Coal Export Corp., 4 Cir.,

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