U.S. v. ONE (1) 254 FT. FREIGHTER, THE M/V ANDORIA

No. 83-3752.

768 F.2d 597 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. ONE (1) 254 FT. FREIGHTER, the M/V ANDORIA, etc., Defendant-Appellee, and Celso Bernardez, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

July 22, 1985.


Attorney(s) appearing for the Case

John Volz, U.S. Atty., William F. Baity, Harry P. Pastuszek, Jr., Asst. U.S. Attys., New Orleans, La., for plaintiff-appellant.

Peter S. Herrick, Harry W. Birt, Jr., Miami, Fla., Ralph E. Smith, New Orleans, La., for defendant-appellee.

Before THORNBERRY, GARWOOD and HILL, Circuit Judges.


GARWOOD, Circuit Judge:

This case concerns whether, when a vessel used to transport, possess or conceal narcotics is judicially sold pursuant to forfeiture proceedings brought by the United States, an "innocent" maritime lien for necessaries entitled to the protection of 46 U.S.C. § 961(b) has priority, in respect to the sales proceeds, over the government's seizure and other vessel-related expenses incurred prior to the vessel's judicial arrest in the forfeiture...

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