CAPE ANN COMM. FISHERIES LOAN v. SCHLICHTE


1993 Mass. App. Div. 154 (1993)

Cape Ann Commercial Fisheries Loan Fund, Inc. vs. Miles J. Schlichte, Jr., and another

Massachusetts Appellate Division, Northern District.

July 26, 1993.


Attorney(s) appearing for the Case

Patti Kulevich for the plaintiff.

Patricia S. Johnstone for the defendants.

Present: Sherman, P.J., Furnari & Coven, JJ.


Furnari, J.

This is an action to recover a balance due on a promissory note secured by a Preferred Ship's Mortgage on a federally documented fishing boat. Judgment was entered for the plaintiff.

The defendants' appeal to this Division presents the following issues: (1) whether this action was beyond the subject matter jurisdiction of the trial court because the plaintiff's claim is within the exclusive admiralty jurisdiction of the federal courts; and (2)...

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