FOSS LAUNCH & TUG CO. v. CHAR CHING SHIPPING U.S.A.

No. 85-6351.

808 F.2d 697 (1987)

FOSS LAUNCH & TUG CO., et al., Plaintiffs, and Transamerica I.C.S. Inc. and Nautilus Leasing Services, Inc. and Flexi-Van Leasing, Inc., a corporation, and Itel Containers International Corporation and Genstar Container Corporation, and Interpool Limited, Plaintiffs-Appellees, v. CHAR CHING SHIPPING U.S.A., LTD., et al., Defendants, and Char Yigh Marine (Panama,) S.A. claimant of vessel M/V C.C. SAN FRANCISCO, her engines, boiler, tackle, appurtenances, furniture and fixtures, in rem, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended February 5, 1987.


Attorney(s) appearing for the Case

William F. Daley, Jr., Long Beach, Cal., James B. Nebel, Graham & James, San Francisco, Cal., Ronald D. Kent, Gerald M. Fisher, Fisher, Porter & Kent, Long Beach, Cal., for plaintiffs-appellees.

David E. R. Woolley, Lillick, McHose & Charles, Los Angeles, Cal., for defendants-appellants.

Before GOODWIN, WALLACE and ANDERSON, Circuit Judges.


GOODWIN, Circuit Judge.

The only substantial question in this appeal is whether a lessor of container boxes to a company that operates a fleet of container ships can assert a maritime lien against a vessel pursuant to 46 U.S.C. §§ 971-975. The district court granted summary judgment for the lien claimant. We reverse.

The essential facts are not in dispute. Appellees leased containers to CC Line under a series of separate lease agreements. The containers...

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