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OCEAN SHIP SUPPLY, LTD. v. MV LEAH

No. 82-1433.

729 F.2d 971 (1984)

OCEAN SHIP SUPPLY, LTD., A Canadian Corporation, Appellant, v. MV LEAH, her engines, tackle, apparel, furniture, etc., and Leon Finance Company, S.A., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 13, 1984.

Attorney(s) appearing for the Case

William H. Vaughan, Jr., Charleston, S.C. (Grimball, Cabaniss, Vaughan & Robinson, Charleston, S.C., on brief), for appellant.

Gordon D. Schreck, Charleston, S.C. (Buist, Moore, Smythe & McGee, Charleston, S.C., on brief), for appellees.

Before WINTER, Chief Judge, HALL, Circuit Judge and BRYAN, Senior Circuit Judge.

ALBERT V. BRYAN, Senior Circuit Judge:

The issue here is whether Ocean Ship Supply Limited (Ocean Ship) held such a maritime lien as would warrant an in rem seizure of the appellee, M/V Leah (the Leah), in the Port of Charleston, South Carolina. The Federal Court for the District of South Carolina, Hawkins, J., presiding, concluded that no maritime lien existed and gave summary judgment against Ocean Ship. Furthermore, the Court sustained the Leah's counterclaim...

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