BOLLINGER & BOYD v. MOTOR VESSEL, CAPITAL CLAUDE BASS

No. 76-4478.

576 F.2d 595 (1978)

BOLLINGER AND BOYD BARGE SERVICE, INC., Plaintiff-Appellant, Wallo Boat Services, Intervenor, v. The MOTOR VESSEL, CAPTAIN CLAUDE BASS, its engines, apparel, tackle, etc., in rem, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 12, 1978.


Attorney(s) appearing for the Case

Stanwood R. Duval, Jr., Houma, La., for plaintiff-appellant.

W. E. Noel, New Orleans, La., for Raymond J. Ullo & Wallo Marine Towing and Wallo Boat Service, Inc.

Before TUTTLE, GEE and FAY, Circuit Judges.


FAY, Circuit Judge:

This is an admiralty action for foreclosure of a preferred ship's mortgage under the Ship Mortgage Act, 46 U.S.C. §§ 951 et seq. Plaintiff, Bollinger and Boyd Barge Service, Inc., named as defendants, the motor vessel "Captain Claude Bass", in rem, and Wallo Marine Towing Co., Inc., Raymond J. Ullo, and Patrick H. Watts,1 in personam.

In July, 1974, the plaintiff sold the motor...

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