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FLORIDA BAHAMAS LINES v. STEEL BARGE "STAR 800" OF NASSAU

No. 27796.

433 F.2d 1243 (1970)

FLORIDA BAHAMAS LINES, LTD., a Bahamian Corporation, Plaintiff-Appellant, v. THE STEEL BARGE "STAR 800" OF NASSAU, etc., Defendant-Appellee. CARIBBEAN TANKER SERVICE, INC., a Florida Corporation, Plaintiff-Appellee, v. BARGE "STAR 800" etc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 23, 1970.

Attorney(s) appearing for the Case

Stanley Haves, Arthur Roth, Miami, Fla., for plaintiff-appellant.

A. M. Schwitalla, Miami, Fla., for appellees.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and MORGAN, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This case in admiralty presents two questions. First whether a (ordinarily omnipotent) preferred maritime lien for necessaries — wharfage and repairs — will be held to be subordinate to a foreign ship mortgage when the maritime lien was allowed to accrue through the action or inaction of one who is closely related to the lienor in breach of its duty to the mortgagee, especially when a part of the activities constituted deception...

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