PORT OF PORTLAND v. M/V PARALLA

No. 88-4101.

892 F.2d 825 (1989)

The PORT OF PORTLAND, an Oregon municipal corporation, Plaintiff-Appellant, and The Connecticut National Bank, Trustee-Mortgagee, Plaintiff-Intervenor-Appellee, v. The M/V PARALLA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1989.


Attorney(s) appearing for the Case

Paul N. Wonacott and Kim Jefferies, Wood, Tatum, Mosser, Brooke & Landis, Portland, Or., for plaintiff-appellant.

Clifford B. Alterman, Wayne D. Palmer and Mary Ellen Farr, Kell, Alterman & Runstein, Portland, Or., and John J. Reilly, Mark C. Flavin and Claire Saady, Haight, Gardner, Poor & Havens, New York City, for plaintiff-intervenor-appellee.

Joseph M. VanLeuven, Ragen, Tremaine, Krieger, Schmeer & Neill, Portland, Or., for M/V Paralla.

Before WRIGHT, TANG and FERNANDEZ, Circuit Judges.


FERNANDEZ, Circuit Judge:

The Port of Portland, an Oregon municipal corporation ("the Port"), brought this in rem action to foreclose a maritime lien on the M/V Paralla ("the Paralla"). After a bench trial, the district court found that the Port did not acquire a lien on the Paralla and that if it did acquire a lien, that lien was waived. The court entered judgment accordingly. Port of Portland v. M/V Paralla, 703 F.Supp. 1446...

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