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UNITED STATES v. FISHING VESSEL MARY ANN

No. 71-1640.

466 F.2d 63 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. FISHING VESSEL MARY ANN, her engines, machinery, masts, anchors, etc., in rem, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 8, 1972.

Attorney(s) appearing for the Case

L. Glen Kratochvil, T. G. Schirmeyer, Houston, Tex., Schirmeyer & Kratochvil, Houston, Tex., of counsel, for defendants-appellants.

Anthony J. P. Farris, U.S. Atty., Houston, Tex., David V. Hutchinson, Admiralty & Shipping Section, Dept. of Justice, Morton Hollander, Chief, Appellant Section, Civil Div., Dept. of Justice, Washington, D.C., L. Patrick Gray, III, Asst. Atty. Gen., Kathryn H. Baldwin, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before JONES, BELL and AINSWORTH, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 8, 1972.

JONES, Circuit Judge:

Ahto Walter, one of the appellants, had built for him a vessel for fishing and freezing. To complete the vessel Walter borrowed $397,506 from the United States through the United States Bureau of Commercial Fisheries pursuant to the authorization of the Fish and Wildlife Act, 16 U.S.C.A. §§ 742a-742k. To evidence the indebtedness Walter and his wife, Lucy A. Walter, gave...

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