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CARIBBEAN MAR. FIN. CO., v. MARINA MERCANTE NIC. S.A.

No. 72-1618.

470 F.2d 277 (1972)

CARIBBEAN MARITIME FINANCE CO., LTD., Plaintiff-Appellee, v. MARINA MERCANTE NICARAGUENSE, S.A. et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 13, 1972.

Attorney(s) appearing for the Case

John H. Tappan, Mobile, Ala., for defendants-appellants.

A. Clay Rankin, III, Mobile, Ala., for plaintiff-appellee.

Before COLEMAN, AINSWORTH and DYER, Circuit Judges.

AINSWORTH, Circuit Judge:

The question before us on this interlocutory appeal is whether the District Court correctly concluded from certain stipulated facts that a maritime lien existed in favor of a subcharterer against a vessel for funds advanced by the subcharterer for the benefit of the vessel owner under a charter party which included a Prohibition-of-Lien Clause.

Marina Mercante Nicaraguense, S. A. (Mamenic) entered into a time charter party dated April...

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