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FARWEST STEEL CORP. v. BARGE SEA-SPAN 241

Nos. 86-3668, 86-3735.

828 F.2d 522 (1987)

FARWEST STEEL CORPORATION, Plaintiff-Appellant, and Shuman Equipment, Inc., Plaintiff-Intervenor-Appellant, v. BARGE SEA-SPAN 241, aka Barge Ceres, her tackle, gear, and furnishings, in rem; and West Coast Charters, Inc., a corporation; Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 18, 1987.

Attorney(s) appearing for the Case

Lloyd D. Weisensee, Portland, Or., for plaintiff-appellant.

Alex L. Parks, Portland, Or., for defendants-appellees.

Steven Y. Orcutt, Portland, Or., for plaintiff-intervenor-appellant.

Before KOELSCH and GOODWIN, Circuit Judges, and HENDERSON, District Judge.

GOODWIN, Circuit Judge:

In this comeback1 case, Farwest Steel Corporation ("Farwest") and an intervenor corporation appeal the district court's refusal to grant Farwest a maritime lien on the Barge Sea-Span 241. We hold that Farwest failed to establish a maritime lien because it did not supply steel on the order of the barge's owner or of a person authorized by the owner within the meaning of 46 U.S.C. § 971.

In June 1980...

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