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BEVERLY HILLS NAT. BK. & TR. CO. v. COMPANIA DE NAV. ALMIRANTE

No. 22694.

437 F.2d 301 (1971)

BEVERLY HILLS NATIONAL BANK & TRUST CO., Appellant, v. COMPANIA DE NAVEGACIONE ALMIRANTE S.A., PANAMA, Appellee.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing February 17, 1971.

Attorney(s) appearing for the Case

Jerome L. Goldberg, argued, of Loeb & Loeb, Los Angeles, Cal., for appellant.

David Toy, argued, of Lillick, McHose, Wheat, Adams & Charles, Los Angeles, Cal., Cooper, White & Cooper, San Francisco, Cal., for appellee.

Before BARNES, BROWNING, and KILKENNY, Circuit Judges.

BROWNING, Circuit Judge.

Invoking admiralty jurisdiction, Compania De Navegacione Almirante, owner of the S.S. Searaven, initiated this proceeding to recover charter hire due Compania under a charter party agreement with Kenray, Inc., an exporter of scrap metals, by enforcing a lien, or imposing a constructive trust, upon funds held by Beverly Hills National Bank & Trust Company. The district court awarded Compania $96...

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