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MIAMI RIVER BOAT YD., INC. v. 60' HOUSEBOAT, SER. #SC-40-2860-3-62

No. 24652.

390 F.2d 596 (1968)

MIAMI RIVER BOAT YARD, INC., Appellant, v. 60' HOUSEBOAT, SERIAL #SC-40-2860-3-62, Appellee.

United States Court of Appeals Fifth Circuit.

January 29, 1968.

Attorney(s) appearing for the Case

Linwood Anderson, Miami, Fla., Ralph & Anderson, for appellant.

No appearance for appellee.

Before BROWN, Chief Judge, and GEWIN and WRIGHT, Circuit Judges.

JOHN R. BROWN, Chief Judge:

The Shipyard's libel against the Houseboat in rem asserting a lien for repairs, materials, and dockage under the Maritime Lien Act, 46 U.S.C.A. § 971 (1958), was dismissed on summary judgment presumably because the craft was not a "vessel" essential to the Court's jurisdiction. The successful claimant, neither by appearance, brief nor argument, undertakes to support this holding which, apart from general considerations, maritime or...

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