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ELBERT v. SAILING VESSEL OLD DRIFTER

No. 75-1006. Summary Calendar.

515 F.2d 245 (1975)

Jacques ELBERT, Plaintiff-Appellee, v. SAILING VESSEL OLD DRIFTER and Fernand A. Robert, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 26, 1975.

Attorney(s) appearing for the Case

F. Lawrence Matthews, Miami, Fla., for defendants-appellants.

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

Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.

PER CURIAM:

Plaintiff-Appellee Elbert bought the S/V "Old Drifter" from Defendant-Appellant Robert on time. Claiming default in payments, Robert repossessed the vessel by self-help, along with Elbert's personal property thereon. Elbert sued in admiralty to recover it, swore out a warrant of arrest in rem, and had the vessel seized by the United States Marshal.

Pleading ensued. Elbert took a nonsuit. Our district court issued a standard writ of restitution...

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