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IN RE ALBERTO

No. 86-5383.

823 F.2d 712 (1987)

In re Pasquale ALBERTO, Debtor. Appeal of MARYLAND NATIONAL BANK.

United States Court of Appeals, Third Circuit.

Decided June 30, 1987.

Attorney(s) appearing for the Case

David McI. Williams (argued), David S. Musgrave, Semmes, Bowen & Semmes, Baltimore, Md., Lewis Bornstein, Melnik, Morgan, Klein & Cettei, P.A., Haddonfield, N.J., for appellant, Maryland Nat. Bank.

Joseph A. McCormick, Jr. (argued), Weinberg and McCormick, Haddonfield, N.J., for appellee, Richard L. Berry.

C. Peter Theut, Hill, Lewis, Adams, Goodrich & Tait, Mt. Clemens, Mich., for amicus curiae.

Before HIGGINBOTHAM and STAPLETON, Circuit Judges, and CONABOY, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

In this case, we must decide whether the lien of a ship mortgage properly filed with the United States Coast Guard more than 90 days before the ship mortgagor filed a bankruptcy petition may be defeated by the bankruptcy trustee because the Coast Guard did not record the ship mortgage until after the bankruptcy petition was filed. We conclude that, under the Ship Mortgage Act of 1920 ("SMA"),

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