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CITY OF FORT MADISON, IOWA v. EMERALD LADY

No. 92-2599.

990 F.2d 1086 (1993)

CITY OF FORT MADISON, IOWA, a municipal corporation, Appellant, v. EMERALD LADY, O.N. 972894, her engines, tackle, apparel, furniture, equipment, and all other necessaries thereunto appertaining and belonging, etc., in rem; Steamboat Southeast, Inc., an Iowa corporation, in personam, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 13, 1993.

Rehearing Denied May 11, 1993.

Attorney(s) appearing for the Case

Warren John Marwedel, Chicago, IL, argued (Robert N. Johnson, Fort Madison, IA, on the brief), for appellant.

Robert D. Nienhuis, St. Louis, MO, argued (Gary T. Sacks and Douglas E. Gossow on the brief), for appellees.

Before WOLLMAN and BEAM, Circuit Judges, and BOGUE, Senior District Judge.

BEAM, Circuit Judge.

The City of Fort Madison (Ft. Madison) appeals the district court's1 denial of maritime liens against the Emerald Lady, a gambling boat. Ft. Madison claims entitlement to maritime liens for the construction costs of a passenger loading dock and attendant facilities, and for wharfage payments due under a nine-year lease. It bases its claims on the theory that these items represent necessaries provided to the Emerald...

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