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DUNHAM v. M/V MARINE CHEMIST

No. 86-2368.

812 F.2d 212 (1987)

Kirk L. DUNHAM, et al., Plaintiffs, Stephen C. Castellano, Plaintiff-Appellant, v. M/V MARINE CHEMIST, Her Engines, Boilers, In Rem, and Marine Transport Lines, Inc., In Personam, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 11, 1987.

Attorney(s) appearing for the Case

Eliot P. Tucker, Mandell & Wright, Houston, Tex., for plaintiff-appellant.

Terence G. Connor, Samuel E. Hooper, Miami, Fla., Neel, Hooper & Kalmans, Houston, Tex., for defendants-appellees.

Before REAVLEY and RANDALL, Circuit Judges, and WOODWARD, District Judge.

PER CURIAM:

Plaintiff Stephen C. Castellano appeals the district court's dismissal of his suit under the penalty wage provision of Title 46 of the United States Code, 46 U.S.C. § 10504. Castellano asserts that, in retroactively amending Title 46 to exclude coastwise voyages from the application of the penalty wage provision, Congress violated the "takings" clause of the Constitution's fifth amendment by destroying without compensation Castellano's maritime lien...

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