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ELLIS DIESEL SALES & SERVICE, INC. v. M/V ON STRIKE

No. 73-2844. Summary Calendar.

488 F.2d 1095 (1973)

ELLIS DIESEL SALES & SERVICE, INC., Plaintiff-Appellee, v. M/V ON STRIKE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 17, 1973.

Attorney(s) appearing for the Case

Daniel N. Heller, Miami, Fla., for defendant-appellant.

G. E. Hartwig, Ft. Lauderdale, Fla., for plaintiff-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

This is rem action was brought by plaintiff, Ellis Diesel Sales & Service, Inc., seeking to enforce a claim for labor and materials, and for attorney fees, against the M/V "ON STRIKE." Defendant filed a counterclaim alleging damages negligently caused to the vessel. The District Court, sitting without a jury, tried the case and entered a final judgment in favor of plaintiff, including an award of attorney fees, and allowed defendant a setoff on its...

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