MOBILE MARINE SALES, LTD. v. M/V PRODROMOS

Nos. 85-1094, 85-1140, 85-1128 and 85-1144.

776 F.2d 85 (1985)

MOBILE MARINE SALES, LIMITED, R.S. Stern, Inc., Old Dominion Steamship Agency, Drew Chemical Corporation, Intervening Plaintiffs, v. M/V PRODROMOS, her engines, tackle, apparel, etc., In Rem Fisher Shipping Corporation, Titan Shipping & Brokerage, Ltd. Appeal of MOBILE MARINE SALES LIMITED. Appeal of DREW CHEMICAL CORPORATION. VAN OMMEREN ROTTERDAM, B.V., Locabail International Finance Limited and Banque Paribas, Hermes Ship Chandlers, Ltd., Intervenor Plaintiffs, v. M/V PRODROMOS, her engines, boilers, tackle, etc., In Rem and Titan Shipping & Brokerage, Ltd., and Fisher Shipping Corporation. Appeal of VAN OMMEREN ROTTERDAM, B.V. Appeal of HERMES SHIP CHANDLERS, LTD.

United States Court of Appeals, Third Circuit.

Decided November 4, 1985.


Attorney(s) appearing for the Case

Alfred E. Yudes, Jr. (argued), Burlingham, Underwood & Lord, New York City, for appellants.

E. Michael Keating, III, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for Mobile Marine Sales, Ltd.

Dante Mattioni, Mattioni, Mattioni & Mattioni, Ltd., Philadelphia, Pa., for Drew Chemical Corp.

James W. Johnson, White and Williams, Philadelphia, Pa., for Van Ommeren Rotterdam, B.V.

Anastasius Efstratiades, Pierson & Morris, P.C., Philadelphia, Pa., for Hermes Ship Chandlers.

Eugene R. Lippman (argued), Thomas Fisher, III, Andrea L. Gilbert, Krusen Evans and Bryne, Philadelphia, Pa., for appellees.

Before SEITZ, BECKER and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

Plaintiffs, four foreign maritime lien creditors of the defendant M/V PRODROMOS (the vessel), appeal from an interlocutory order1 of the district court holding that the intervenors, two foreign banks, held a Panamanian mortgage which enjoyed preferred status under the Ship Mortgage Act of 1920, 46 U.S.C. § 951 (1982) (the Act). If the intervenors' mortgage is preferred, plaintiffs...

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