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MUNRO DRYDOCK, INC. v. M/V HERON

No. 78-1404.

585 F.2d 13 (1978)

MUNRO DRYDOCK, INCORPORATED, Plaintiff, Appellee, v. M/V HERON, her engines, equipment, and tackle, apparel, furniture and Associated Marine Services, Inc., Defendants, Appellees, United States of America, Appellant.

United States Court of Appeals, First Circuit.

Decided September 29, 1978.

Attorney(s) appearing for the Case

Emmett B. Lewis, Atty., Civ. Div., Dept. of Justice, Washington, D. C., with whom William Kanter, Atty., Civ. Div., Dept. of Justice, Washington, D. C., was on motion for summary reversal or in the alternative for a stay pending appeal and memorandum in support thereof.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

On Tuesday, September 12, 1978, per order of the district court sitting in admiralty, the M/V Heron was put up for sale at a public auction. More than one person bid at the sale, at which the highest bid was $7,500. Prior to the sale a court-appointed appraiser appraised the vessel at $25,000 for scrap purposes and $100,000 for use as a drill ship. The following day, the United States, a preferred ship mortgagee who is owed $113,331...

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