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FIRST NAT. BANK v. M/V LIGHTNING POWER

No. 87-4329.

851 F.2d 1543 (1988)

FIRST NATIONAL BANK OF JEFFERSON PARISH, Plaintiff-Appellant, Cross-Appellee, v. M/V LIGHTNING POWER, in rem, et al., Defendants, v. EAGLE FLEET, INC., Intervenor-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

August 17, 1988.

Attorney(s) appearing for the Case

Philip A. Franco, Adams & Reese, New Orleans, La., for plaintiff-appellant, cross-appellee.

Joseph P. Tynan, New Orleans, La., for intervenor-appellee, cross-appellant.

Before CLARK, Chief Judge, GOLDBERG and GARWOOD, Circuit Judges.

CLARK, Chief Judge:

This is an appeal from a judgment granting Eagle Fleet, Inc. (Eagle Fleet) a 46 U.S.C.App. § 971 lien on the M/V LIGHTNING POWER for seaman's wages.1 The basis of this judgment was the district court's fact determination that Eagle Fleet was a special rather than a general agent of the vessel's owner. We affirm the district court.

I.

This case has been before this court on a prior occasion.

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