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FREDELOS v. MERRITT-CHAPMAN & SCOTT CORPORATION

No. 71-1212 Summary Calendar.

447 F.2d 435 (1971)

Sotirios FREDELOS et al., Petitioners-Appellants, v. MERRITT-CHAPMAN & SCOTT CORPORATION, Libelant-Appellee, v. STEAMSHIP PADRE ISLAND, her engines, boilers, etc., and STEAM TANKER PADRE ISLAND, INC., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

On Rehearing September 10, 1971.

Attorney(s) appearing for the Case

Arthur Roth, Miami, Fla., for petitioners-appellants.

George Stelljes, Jr., Jacksonville, Fla., for Socony and Mobil.

James F. Moseley, Kurz, Toole, Taylor, Moseley & Gabel, Jacksonville, Fla., for Steam Tanker Padre Island, Inc.

Adam G. Adams, II, Adams & Adams, Jacksonville, Fla., for Jacksonville Shipyards, Inc.

Joseph M. Glickstein, Jr., of Glickstein, Crenshaw, Glickstein, Fay & Allen, Jacksonville, Fla., for Merritt-Chapman & Scott Corp.

Jett, Sykes & Berkley, Norfolk, Va., for Moon Eng.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

This is an interlocutory appeal in an admiralty case. On February 10, 1966, S/T PADRE ISLAND was stranded in a leaking condition on Hen and Chicken's Shoal not far from Bimini. Merritt-Chapman & Scott Corporation entered into a "no cure-no pay" salvage agreement with the vessel's owner and mortgagee to salvage the leaking ship and to deliver it to the Port of Jacksonville, Florida. Shortly after its delivery to Jacksonville, numerous attachment proceedings...

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