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PRUDENTIAL INS. CO. OF AMERICA v. S.S. AMERICAN LANCER

No. 610, Docket 88-7589.

870 F.2d 867 (1989)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellee, v. S.S. AMERICAN LANCER, S.S. AMERICAN AQUARIUS, S.S. AMERICAN APOLLO, S.S. AMERICAN LYNX and S.S. AMERICAN ASTRONAUT, their engines, tackle, apparel, furnishings, equipment and appurtenances, in rem, Defendants, and all Related Claims to Vessels and Complaints-In-Intervention, General Electric Capital Corporation, Claimant-Intervenor-Appellant, United States Lines, Inc., Debtor and Debtor In Possession, Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 21, 1989.

Attorney(s) appearing for the Case

Nathan J. Bayer (Eugene J. O'Connor, Freehill, Hogan & Mahar, New York City, of counsel), for claimant-intervenor-appellant.

Corinne Ball (Kevin P. Hughes, Judy G.Z. Liu, Weil, Gotshal & Manges, New York City, Sheldon A. Gebb, McCutchen, Black, Verleger & Shea, Los Angeles, Cal., of counsel), for plaintiff-appellee.

Robert L. Poster (Michael C. Lambert, Gilmartin, Poster & Shafto, New York City, of counsel), for claimant-appellee.

Before KEARSE, CARDAMONE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This case involves a $92 million typographical error. Appellant General Electric Capital Corporation ("GECC"), appeals from Judge Owen's order, reported below at 686 F.Supp. 469 (S.D.N.Y.1988), that granted appellee Prudential Insurance Company of America's ("Prudential") cross-motion for summary judgment regarding the extent of Prudential's first preferred ship mortgage on eight vessels. GECC, a beneficiary...

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