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STEVENS TECHNICAL SERVICES, INC. v. U.S.

No. 87-3359.

913 F.2d 1521 (1990)

STEVENS TECHNICAL SERVICES, INC. Plaintiff-Appellant, v. UNITED STATES of America, as Owner of the U.S.N.S. SEALIFT ANTARCTIC, its engines, etc., in rem, and Atlantic Sandblasting & Coatings, Inc., in personam, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 10, 1990.

Attorney(s) appearing for the Case

David F. Pope, Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for plaintiff-appellant.

Gary J. Takacs, Asst. U.S. Atty., Tampa, Fla., Stephanie J. Grogan, Admirality Section, Torts Brach/Civil Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

Edward F. Gerace, Tampa, Fla., for Atlantic.

Before ANDERSON, Circuit Judge, and BROWN, Senior Circuit Judge.

JOHN R. BROWN, Senior Circuit Judge:

The Prelude

In a nutshell, the government's theme can be simply capsulated: A maritime lien claim for repairs to a vessel requires seizure and arrest of the vessel to effectuate it. Since governmentally owned and operated vessels1 and public2 vessels cannot be seized or arrested the lien cannot be enforced, hence, no governmental liability. Finally, a libel...

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