KANE v. MOTOR VESSEL LEDA

No. 73-1782.

491 F.2d 899 (1974)

Charles B. KANE, d/b/a Kane's Diesel & Truck Repair, Plaintiff-Appellant, v. MOTOR VESSEL LEDA, her engines, etc., et al., Defendants-Appellees, Westside Auto Supply, Inc. and American Marine & Equipment Co., Inc., Intervenors.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 6, 1974.


Attorney(s) appearing for the Case

Louis R. Koerner, Jr., New Orleans, La., for plaintiff-appellant.

Rene S. Paysse, Robert B. Sutherlin, Kenneth J. Berke, New Orleans, La., for defendants-appellees.

David R. Normann, Jack J. Charbonnet, New Orleans, La., for Westside Auto Supply.

Leopold Stahl, New Orleans, La., for American Marine & Equip. Co., Inc.

Before DYER, MORGAN and RONEY, Circuit Judges.


Rehearing and Rehearing En Banc Denied May 6, 1974.

PER CURIAM:

In this admiralty action the district court found that Kane, who furnished work and materials to the vessel M/V LEDA, at the request of the charterer, was not entitled to a maritime lien on the vessel. Judgment was entered against the owner, however, for unjust enrichment damages.

The trial court made extensive findings of fact.1 It found that the charterer...

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