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CHASE MANHATTAN FINANCIAL SERVICES v. McMILLIAN

No. 88-1832.

896 F.2d 452 (1990)

CHASE MANHATTAN FINANCIAL SERVICES, INC., doing business as Chase Manhattan of Oklahoma, a Delaware Corporation, Plaintiffs-Appellees, v. David J. McMILLIAN, in personam; Ruby Walters; Wagoner Lumber Company Inc., an Oklahoma corporation; Leroy Smith, doing business as Circle L. Cabinet Shop; Patriot, Her Engines, Tackle, Apparel, etc., in rem, Defendants-Appellants, Virgil WALTERS, Defendant-Third-Party-Plaintiff-Appellant, v. OKLAHOMA HOUSEBOAT MANUFACTURERS, INC., Third-Party-Defendant, Appeal of P & H SUPPLY; Muskogee Metal Fabricators Inc., Claimants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 14, 1990.

Attorney(s) appearing for the Case

R. Dow Bonnell and David K. Hoel, Hoel, Bonnell, Edmison & Deuschle, P.A., Tulsa, Okl., on the brief, for plaintiffs-appellees.

Jon Tom Staton, Muskogee, Okl., on the briefs, for defendants-appellants.

Before HOLLOWAY, Chief Judge, and GARTH and TACHA, Circuit Judges.

TACHA, Circuit Judge.

This appeal is from an order of the district court granting priority to the claim of Chase Manhattan Financial Services, Inc. (Chase), as the holder of a preferred ship mortgage in the vessel Patriot. The appellants and competing claimants to the proceeds from the sale of the Patriot are the landlord of the boatyard and the suppliers of the raw materials and labor used to construct the Patriot. The appellants...

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