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MASTAN COMPANY v. STEINBERG

(D. C. Civil Action No. 284-67) No. 17879.

418 F.2d 177 (1969)

The MASTAN COMPANY, Incorporated, (Plaintiff), v. William STEINBERG et al., v. STEAMSHIP SAPPHIRE SANDY, her engines, tackle, etc., (Defendant), Todd Shipyards Corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided November 18, 1969.

Attorney(s) appearing for the Case

Edward Gross, Gross & Novak, Newark, N. J., Crowell, Rouse & Varian, New York City, for appellant.

George D. Byrnes, Zock, Petrie, Sheneman & Reid, New York City (John R. Sheneman, New York City, on the brief), for appellee.

Before McLAUGHLIN, FORMAN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

At stake in this admiralty action is the distribution of $55,085.37, deposited in the Registry of the court below following the foreclosure and sale of the ship SS Sapphire Sandy by the United States Marshal. A Special Master determined that the Mastan Company was entitled to the entire proceeds of the sale as holder of a valid first preferred mortgage on the vessel. Todd Shipyards Corporation, a creditor...

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