GENERAL ELEC. CREDIT CORP. v. OIL SCREW TRITON, VI

No. 82-2200.

712 F.2d 991 (1983)

GENERAL ELECTRIC CREDIT CORPORATION, Plaintiff v. The OIL SCREW TRITON, VI, Etc., Defendant. UNITED STATES of America, Plaintiff-Appellant, v. The OIL SCREW TRITON, VI, etc., Defendant, General Electric Credit Corporation, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 30, 1983.


Attorney(s) appearing for the Case

Jack Shepherd, James R. Gough, Asst. U.S. Attys., Houston, Tex., Harry Lee Hall, Asst. U.S. Atty., Brownsville, Tex., for plaintiff-appellant.

Jack G. Carinhas, Jr., Brian Janis, Brownsville, Tex., for intervenor-appellee.

Before GEE, GARZA and TATE, Circuit Judges.


TATE, Circuit Judge:

The issue before us concerns the priorities in the disposition of proceeds from the judicial sale of a vessel subject to a preferred maritime ship mortgage. Specifically, the principal issue is whether the attorney's fees provided for in the mortgage agreement (for collection in the event of default) are entitled to the same priority over all other claims to the proceeds (except preferred maritime liens and costs in custodia legis) as is...

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