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DRESSLER v. MV SANDPIPER

No. 333, Docket 28499.

331 F.2d 130 (1964)

Anna DRESSLER, Legatee Mortgagee of The Estate of Morris Dressler, Libelant-Appellee, v. The MV SANDPIPER, its boilers, engines, tackle, apparel, furniture, etc., Joseph Fanale, and against all persons intervening by their interest therein, Respondents-Appellants.

United States Court of Appeals Second Circuit.

Decided April 9, 1964.

Attorney(s) appearing for the Case

Sidney Feldshuh, of Feldshuh & Frank, New York City, for libelant-appellee.

Donald S. Sherwood, New York City (Kenneth Heller, New York City, on the brief), for respondents-appellants.

Before SMITH, KAUFMAN and MARSHALL, Circuit Judges.

KAUFMAN, Circuit Judge:

This action was brought in Admiralty to foreclose a preferred ship mortgage upon the MV Sandpiper, a vessel owned by respondent Fanale. Although the libel was returnable on June 19, 1963, the respondent failed to file an answer by that date, and on July 18, the libelant moved for a summary judgment, pursuant to Admiralty Rule 58. On July 30, one day before the return date of libelant's motion, respondent's answer to the libel was belatedly...

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