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PAYNE v. SS TROPIC BREEZE

No. 7313.

423 F.2d 236 (1970)

Richard A. PAYNE et al., Plaintiffs, v. SS TROPIC BREEZE, her engines, boilers, furniture, apparel, appliances, appurtenances, equipment, etc., Defendant, and National Western Life Insurance Company, Intervenor-Appellant, and Apostolos Samadjopoulos, Intervenor-Appellee.

United States Court of Appeals, First Circuit.

March 11, 1970.

Attorney(s) appearing for the Case

Richard C. Lewis, Miami Beach, Fla., for appellant.

Gustavo A. Gelpi, San Juan, P. R., with whom Harvey B. Nachman and Nachman, Feldstein, Laffitte & Smith, San Juan, P. R., were on brief, for Apostolos Samadjopoulos, appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

The SS TROPIC BREEZE, a vessel of Liberian registry, was libeled in rem in Puerto Rico by members of its crew asserting claims for wages. The Master, the present appellee, was permitted to intervene by the district court1 in order to assert various claims against the vessel.2 The owners of the vessel did not appear and the court ordered the sale of the ship. At that point, National...

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