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MATTER OF PACIFIC CARIBBEAN SHIPPING (U.S.A.), INC.

No. 85-1937.

789 F.2d 1406 (1986)

In the Matter of PACIFIC CARIBBEAN SHIPPING (U.S.A.), INC., Debtor. Edward M. WALSH, Trustee, Plaintiff-Appellant, v. PLACEDO SHIPPING CORPORATION OF LIBERIA, a corporation, and Metal Transport Corporation, a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 20, 1986.

Attorney(s) appearing for the Case

Merle C. Meyers, Goldberg, Stinnett, & McDonald, San Francisco, Cal., for plaintiff-appellant.

Charles S. Donovan, Walsh, Donovan, Lindh, & Keech, San Francisco, Cal., David A. Nourse, Nourse & Bowles, New York City, for defendants Placedo.

John A. Edginton, Graham & James, San Francisco, Cal., for Meadow Transport.

Philip A. Berns, Dept. of Justice, Civil Div., San Francisco, Cal., for Maritime Law Association of the U.S.

Francis J. O'Brien, Emery W. Harper, New York City, David R. Owen, Baltimore, Md., for amicus curiae MLA.

Before GOODWIN, HUG, and REINHARDT, Circuit Judges.

PER CURIAM:

A trustee in bankruptcy appeals a district court ruling that a shipowner's charter lien upon subfreights earned by the charterer prevails against the trustee even though the lien was not perfected by filing as required by the California version of the Uniform Commercial Code. We have jurisdiction under 28 U.S.C.A. § 158(d) (West Supp.1985). We affirm.

Placedo Shipping Corporation chartered its ship to the debtor, Pacific Caribbean Shipping...

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