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CITIBANK, N.A. v. VESSEL AMERICAN MAINE

Nos. 315 to 320, Dockets 88-7572, 88-7574, 88-7582, 88-7584, 88-7592 and 88-7594.

865 F.2d 24 (1988)

CITIBANK, N.A. and Bank of America Trust and Savings Association, as Trustee/Mortgagees, Plaintiffs-Appellees, C.E. DeFries, C.W. Daulley, Edmund Davis, C.E. Dodson, Karl Landgrebe, D.K. Masingo, Thomas Murphy, Franklin Riley, Jr., William Ristine, R.F. Schamann, Philip Shapiro and Allen Taylor, as Trustees and on behalf of the MEBA Pension Trust, Plaintiffs-Intervenors-Appellants, v. The VESSEL AMERICAN MAINE, and the VESSELS AMERICAN KENTUCKY, AMERICAN ALABAMA, AMERICAN NEBRASKA, AMERICAN UTAH, and AMERICAN VIRGINIA, their boilers, engines, machinery, tackle, apparel, furniture, bunkers, equipment and all other appurtenances belonging to the vessels, in rem, Defendants.

United States Court of Appeals, Second Circuit.

Decided December 27, 1988.

Attorney(s) appearing for the Case

Joseph E. Kolick, Washington, D.C. (Dickstein, Shapiro and Morin, Washington, D.C., of counsel), for plaintiffs-intervenors-appellants.

William S. Busch, New York City (Cadwalader, Wickersham & Taft, New York City, of counsel), for plaintiffs-appellees.

Before WINTER, MINER and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Plaintiffs-intervenors-appellants C.E. DeFries et al. ("Trustees") are trustees of a pension benefit trust on behalf of the Marine Engineers' Beneficial Association ("MEBA"). Plaintiffs-appellees Citibank, N.A. and Bank of America National Trust and Savings Association ("Banks") are holders of first preferred ship mortgages on six vessels owned by mortgagor U.S. Lines, Inc. ("U.S. Lines"). The...

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