MERCHANTS NAT. BANK v. DREDGE GEN. G. L. GILLESPIE

No. 80-3349.

663 F.2d 1338 (1981)

The MERCHANTS NATIONAL BANK OF MOBILE, et al., Plaintiffs-Appellees, v. The DREDGE GENERAL G. L. GILLESPIE, Etc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A

December 18, 1981.


Attorney(s) appearing for the Case

Charles G. Black, Memphis, Tenn., for defendants-appellants.

David R. Owen, Baltimore, Md. (David J. Sharpe, George Washington University Law School, Washington, D. C., John W. Sims and J. Dwight LeBlanc, Jr., New Orleans, La., on brief) for the Maritime Law Assoc. of the U. S., amicus curiae.

Alex T. Howard, Jr., Mobile, Ala., for Merchants National Bank.

Wm. R. Forrester, Jr., Scott Selden Partridge, W. L. West, New Orleans, La., for Dravo Leasing Co.

Before BROWN and TATE, Circuit Judges, and SMITH, District Judge.


JOHN R. BROWN, Circuit Judge:

This case presents, for the first time to any U.S. Court of Appeals,*** the issue of the Constitutionality of Admiralty Rules C and E, concerning in rem seizure of a vessel without a preliminary judicial hearing. We find this historical procedure Constitutional and affirm.

A Tale of Two Plaintiffs

The consolidated cases on appeal before...

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