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RAINBOW LINE, INC. v. M/V TEQUILA

No. 581, Docket 72-2204.

480 F.2d 1024 (1973)

RAINBOW LINE, INC., Plaintiff-Appellee, v. M/V TEQUILA (ex Linglee), her engines, tackle, boiler, equipment, etc. et al. Defendants, Empire Commercial Corporation, Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 18, 1973.

Attorney(s) appearing for the Case

Michael Marks Cohen, New York City (Burlingham, Underwood & Lord and John G. Ingram, New York City, on the brief), for claimant-appellant.

Francis H. McNamara, New York City (Cichanowicz & Callan, New York City, on the brief), for plaintiff-appellee.

Before KAUFMAN, Chief Judge, and ANDERSON and OAKES, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

There are three principal issues in this case: what choice of law prevails, whether a breach of charter party gave rise to a maritime lien, and the priority of the lien.

The facts are these. Pursuant to a standard New York Produce Exchange time charter, the vessel LINGLEE, owned by the Simpson Steamship & Navigation Co. (Simpson), was delivered to her charterers, Rainbow Line, Inc. [Rainbow], on December 12, 1969 for...

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