MERCHANTS NAT. BANK OF MOBILE v. WARD RIG, ETC.

No. 78-3204.

634 F.2d 952 (1981)

The MERCHANTS NATIONAL BANK OF MOBILE, a National Banking Association, Plaintiff-Appellee, v. The Vessels WARD RIG NO. 7, OFFICIAL NO. 547149 et al., Defendants, J. D. Ward et al., Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 23, 1981.


Attorney(s) appearing for the Case

Milling, Benson, Woodward, Hillyer & Pierson, Neal D. Hobson, John T. Nesser, III, Henry A. King, New Orleans, La., for J. D. Ward, Waseco Chemical, Elpac, Inc. and F&S Boat Co. Div.

Hoppe, Kelly & Dupepe, Henry B. Hoppe, Metairie, La., for Oilfield Repair & Specialty Co.

Chaffe, McCall, Phillips, Toler & Sarpy, James J. Gillespie, Jr., New Orleans, La., for Service Engineering Co., Inc.

Before TJOFLAT, POLITZ and HATCHETT, Circuit Judges.


POLITZ, Circuit Judge:

This appeal poses the question whether three mortgages held by the Bank of Mobile are entitled to the status of preferred ship mortgages under the Ship Mortgage Act, 1920, 46 U.S.C. §§ 911-984, and thus prime the liens and claims of appellants. The district court adopted the thorough and comprehensive findings and recommendations of the magistrate and upheld the validity and primacy of the mortgages. We affirm. We also hold that 46...

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