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ORIENTE COM'L, INC. v. AM. FLAG VESSEL, M/V FLORIDIAN

No. 74-1966.

529 F.2d 221 (1975)

ORIENTE COMMERCIAL, INC., and Black & Decker, Inc., Appellants, v. The AMERICAN FLAG VESSEL, the M/V FLORIDIAN, her engines, tackle, appurtenances, in rem, and United States of America, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 10, 1975.

Attorney(s) appearing for the Case

Carter B. S. Furr, Norfolk, Va. (Jett, Berkley, Furr & Heilig, Norfolk, Va., Smathers & Thompson, Jacksonville, Fla., and McHugh, Heckman, Smith & Leonard, New York City, on brief), for appellants.

John M. Rogers, Atty., U. S. Dept. of Justice (Carla A. Hills, Asst. Atty. Gen., Brian P. Gettings, U. S. Atty., and William Kanter, Atty., U. S. Dept. of Justice, on brief), for appellees.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge, and HALL, District Judge.

HAYNSWORTH, Chief Judge:

The question presented by this case in admiralty is whether claims against a ship as a common carrier for damage to or loss of cargo are "preferred maritime liens" "for damages arising out of tort," 46 U.S.C. § 953(a), and thus superior to a valid preferred mortgage lien. 46 U.S.C. § 953(b), we hold that they are.

Oriente Commercial, Inc., Black and Decker, Inc., and the United States were among many in rem claimants...

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