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NEAPOLITAN NAVIGATION, LTD. v. TRACOR MARINE, INC.

No. 82-6106.

777 F.2d 1427 (1985)

NEAPOLITAN NAVIGATION, LTD., a Bahamas Corp., Plaintiff-Counter-Defendant-Appellant, v. TRACOR MARINE, INC., Defendant-Counter-Plaintiff-Third Party Plaintiff-Appellee, M/Y "CHIMON", Etc., Third Party Defendant, Uhlig & Associates, Inc., et al., Intervening Plaintiffs-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 11, 1985.

Attorney(s) appearing for the Case

Allan Milledge, Milledge, Iden & Snyder, Dennis O'Conner, Miami, Fla., Eric J. Goldring, Goldring & Goldring, Maplewood, N.J., for Neapolitan Navigation, Ltd. and M/Y CHIMON.

Anthony H. Pellee, Linwood Anderson, Smathers and Thompson, Miami, Fla., for Tracor Marine.

Dixon, Dixon, Hurst & Nicklaus, James A. Dixon, Jr., Miami, Fla., for UHLIG Univ. Tech Serv., A. Scott, M. White, K. Ward.

Before GODBOLD, Chief Judge, and JOHNSON and CLARK, Circuit Judges.

JOHNSON, Circuit Judge:

The present case involves a challenge to the constitutionality of procedures employed in the arrest of a vessel. Because those procedures denied the owner of the vessel a prompt post-arrest hearing on the propriety of the arrest, we hold that they were unconstitutional.

I. Background

Appellant, Neapolitan Navigation, Ltd. ("Neapolitan") entered into an agreement with appellee, Tracor Marine, Inc. ("Tracor") for Tracor to conduct...

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