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UNITED STATES v. S.S. LUCIE SCHULTE

No. 251, Docket 29110.

343 F.2d 897 (1965)

UNITED STATES of America, Libellant-Appellee, v. The S.S. LUCIE SCHULTE, her engines, boilers, etc. and Three Bays Lines, Inc., Respondents, Schulte & Bruns, Claimant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 6, 1965.

Attorney(s) appearing for the Case

Nicholas J. Healy and Nicholas J. Healy, Jr., New York City (Healy, Baillie & Burke, New York City), for appellant.

Robert V. Zener, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Robert M. Morgenthau, U. S. Atty., Morton Hollander, Washington, D. C., Attorney), for appellee.

Before FRIENDLY, HAYS and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge.

This libel, tried on a stipulation of facts and exhibits before the late Judge Dawson, 227 F.Supp. 583 (1964), raises questions, seemingly not yet settled by authority, on the old subject of maritime liens.

On two occasions in 1957, Schulte & Bruns, a German partnership owning the Lucie Schulte, time-chartered her to Three Bays Corporation, Ltd. of Nassau, Bahamas. The charters on a standard...

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