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PONCE FEDERAL BANK, F.S.B. v. VESSEL LADY ABBY

No. 92-1413.

980 F.2d 56 (1992)

PONCE FEDERAL BANK, F.S.B., Plaintiff, Appellee, v. The VESSEL "LADY ABBY", et al., Defendants, Appellees. Cristobal Burgos Rodriguez, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 25, 1992.

Attorney(s) appearing for the Case

Eli B. Arroyo with whom Miguel E. Miranda-Gutierrez and Figueroa-Morales & Chaves-Caraballo Law Offices, were on brief, for defendant, appellant.

Francisco A. Besosa with whom Miguel J. Rodriguez-Marxuach and Goldman Antonetti Ferraiuoli & Axtmayer, were on brief, for plaintiff, appellee, Ponce Federal Bank, F.S.B.

Before BREYER, Chief Judge, ALDRICH, Senior Circuit Judge, and BOUDIN, Circuit Judge.

BREYER, Chief Judge.

Ponce Federal Bank brought an in rem action in admiralty to foreclose its mortgage on a ship, the "Lady Abby." It added an in personam claim, under the law of Puerto Rico, for a deficiency judgment against the Lady Abby's current possessor, Cristobal Burgos. Burgos had bought the ship from the borrowers; he had promised the borrowers he would keep up the mortgage payments; and, he had failed to do so. The district court granted the...

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