GENERAL ELEC. CREDIT, ETC. v. DRILL SHIP, ETC.

No. 81-3037.

668 F.2d 811 (1982)

GENERAL ELECTRIC CREDIT & LEASING CORPORATION, Plaintiff-Appellee, v. DRILL SHIP MISSION EXPLORATION, in rem, et al., Defendants, Foods and Services, Inc., Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 22, 1982.


Attorney(s) appearing for the Case

Jack M. Alltmont, New Orleans, La., for claimant-appellant.

Monroe & Lemann, Nigel E. Rafferty, New Orleans, La., for General Elec.

Before CLARK, Chief Judge, RUBIN and TATE, Circuit Judges.


TATE, Circuit Judge:

A vessel was seized and sold upon foreclosure of a preferred ship mortgage. 46 U.S.C. §§ 951-54. The present appeal stems from proceedings to rank liens. The contest is between the seizing mortgage creditor ("General Electric") and an intervenor ("Foods Services") presenting claims advanced as priming the seizing creditor's right to the proceeds. Foods Services appeals from the denial of its claimed priority. Finding (a) that the intervenor...

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