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SASPORTES v. M/V SOL DE COPACABANA

No. 76-2577.

581 F.2d 1204 (1978)

Julien Andre SASPORTES, Plaintiff, v. M/V SOL DE COPACABANA, her engines etc. and Navexport, S.A., Defendant, Banco De Credito Industrial, S.A., Plaintiff. STAR-KIST FOODS, INC., a Foreign Corp., Plaintiff-Appellant, v. M/V SOL DE COPACABANA, her engines, tackle, boilers appurtenances, etc., Defendants, Banco De Credito Industrial, S.A., Plaintiff-Appellee. BANCO DE CREDITO INDUSTRIAL, S.A., Plaintiff, v. M/V SOL DE COPACABANA, her engines, tackle, etc. and Navexport, S.A., Defendant.

United States Court of Appeals, Fifth Circuit.

October 16, 1978.

Attorney(s) appearing for the Case

James H. Roussel, New Orleans, La., Roger W. Rosendahl, Robert E. Coppolla, Los Angeles, Cal., for plaintiff.

Carlos Arosemena, Panama, T. C. W. Ellis, New Orleans, La., for defendant.

Before COWEN, Senior Judge and GOLDBERG and AINSWORTH, Circuit Judges.

GOLDBERG, Circuit Judge:

The M/V Sol de Copacabana was a Spanish tuna-fishing vessel owned by the Spanish corporation Navexport, S.A. It ran upon hard times and was caught in its creditors' nets and sold at judicial sale. Here two creditors compete for a portion of the proceeds of the sale. Appellee Banco de Credito Industrial, S.A., a Spanish corporation, holds a preferred ship mortgage against the Copacabana. Appellant Star-Kist Foods, Inc., claims to hold a maritime...

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