TRANSAMERICA COMMERCIAL FINANCE v. F/V SMILELEE

Nos. 90-2113, 90-2114.

944 F.2d 186 (1991)

TRANSAMERICA COMMERCIAL FINANCE CORPORATION, Successor in interest to Borg-Warner Leasing, a division of Borg-Warner Acceptance Corporation, Plaintiff-Appellant, Macleans Ship Supply of Florida, Incorporated; Montauk Marine Basin, Incorporated, Plaintiffs-Appellees, v. F/V SMILELEE, (Official No. 629503), her engines, boilers, tackle, equipment, freights, furniture and apparel, In Rem; Peter S. Harrison, In Personam, Defendants, v. JAC LIN FISHING COMPANY, INCORPORATED, Third Party Defendant. TRANSAMERICA COMMERCIAL FINANCE CORPORATION, Successor in interest to Borg-Warner Leasing, a division of Borg-Warner Acceptance Corporation, Plaintiff-Appellee, Macleans Ship Supply of Florida, Incorporated; Montauk Marine Basin, Incorporated, Plaintiffs, v. Peter S. HARRISON, In Personam, Defendant-Appellant, and F/V Smilelee, (Official No. 629503), her engines, boilers, tackle, equipment, freights, furniture and apparel, In Rem, Defendant, v. JAC LIN FISHING COMPANY, INCORPORATED, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 4, 1991.


Attorney(s) appearing for the Case

James M. Shuler, Kass, Hodges & Massari, Tampa, Fla. (Nancy Stiles Stith, Smiley & Mineo, Charleston, S.C., on brief), for plaintiff-appellant Transamerica.

Gordon D. Schreck, Buist, Moore, Smythe & McGee, Charleston, S.C., for plaintiff-appellee Montauk Marine Basin.

Charles Henry Raley, Jr., Cooper & Raley (John Hughes Cooper, Cooper & Raley, on brief), Charleston, S.C., for defendant-appellant Harrison.

Marvin D. Infinger, Sinkler & Boyd, P.A., Charleston, S.C., for plaintiff-appellee Macleans Ship Supply.

Before SPROUSE and WILKINSON, Circuit Judges, and MULLEN, District Judge for the Western District of North Carolina, sitting by designation.


OPINION

SPROUSE, Circuit Judge:

This is an appeal of the district court's determination of the priority between a preferred ship mortgagee,1 Transamerica Commercial Finance Corporation ("Transamerica"), as successor to Borg-Warner Acceptance Corporation ("Borg-Warner"), and two maritime lienors, Macleans Ship Supply of Florida, Inc. ("Macleans"), and Montauk Marine Basin, Inc. ("Montauk...

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