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MAINE NAT. BANK v. F/V EXPLORER

No. 87-1564.

833 F.2d 375 (1987)

MAINE NATIONAL BANK, Plaintiff, Appellee, v. F/V EXPLORER, etc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 17, 1987.

Attorney(s) appearing for the Case

Robert S. Potters with whom Henry A. Brown, Boston, Mass., and Potters & Sands, P.C., were on brief, for defendant, appellant.

Brackett B. Denniston, III with whom Dennis R. McBride, Goodwin, Procter & Hoar, Boston, Mass., U. Charles Remmel, II, Kelly, Remmel & Zimmerman, Portland, Me., Timothy R. McHugh and Hoch & McHugh, Boston, Mass., were on brief, for plaintiff, appellee.

Before BOWNES, Circuit Judge, TIMBERS, Senior Circuit Judge, and SELYA, Circuit Judge.

TIMBERS, Circuit Judge:

Appellant Grover Nix, the mortgagor of two ship mortgages, appeals from an order entered June 8, 1987 in the District of Maine, Gene Carter, District Judge, 633 F.Supp. 462, denying appellant's motion to vacate the default judgment and foreclosure sale against his ship in favor of appellee Maine National Bank (the "Bank"), the mortgagee. On appeal, appellant contends (1) that the notice of the action which he received violated due process...

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