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FARRELL OCEAN SERVICES, INC. v. UNITED STATES

No. 81-1751.

681 F.2d 91 (1982)

FARRELL OCEAN SERVICES, INC., Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 23, 1982.

Attorney(s) appearing for the Case

Thomas J. Muzyka, with whom Glynn & Dempsey, Boston, Mass., was on brief, for plaintiff, appellant.

Barbara B. O'Malley, Sp. Litigation Counsel, U. S. Dept. of Justice, Washington, D. C., with whom William F. Weld, U. S. Atty., Boston, Mass., and J. Paul McGrath, Asst. Atty. Gen., Washington, D. C., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, FAIRCHILD, Senior Circuit Judge, CAMPBELL, Circuit Judge.

COFFIN, Chief Judge.

The two questions posed by this appeal are whether appellant had a maritime lien on certain Navy vessels and, if such a right existed, whether appellant had waived that right.

In 1976 appellee, the United States, contracted with Bromfield Corporation for the repair of four Navy vessels. Bromfield in turn subcontracted with appellant, Farrell Ocean Services, Inc., to transport the vessels from Norfolk, Virginia, to Boston where they were...

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