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SILVER STAR ENTERPRISES, INC. v. M/V SARAMACCA

No. 92-9572.

19 F.3d 1008 (1994)

SILVER STAR ENTERPRISES, INC., et al., Plaintiffs-Appellees, v. M/V SARAMACCA, Her Engines, Tackle, Apparel, Etc., in rem, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 23, 1994.

Attorney(s) appearing for the Case

Brian D. Wallace, Daniel C. Rogers, and David B. Sharpe, Phelps Dunbar, New Orleans, LA and Luther Munford, Phelps Dunbar, Jackson, MS, for defendant-appellant.

Patrick J. McShane and Andrew S. deKlerk, Lemle & Kelleher, New Orleans, LA, for Silver Star, et al.

C. Gordon Starling, Gelpi, Sullivan, Carroll & Laborde, New Orleans, LA, for World Ship.

K.L. Krishnan, Houston, TX, for Turlak Shipping Box Service Co. and Terminal Ser. Houston.

Cary A. Des Roches and Moise S. Steeg, Jr., Steeg & O'Connor, New Orleans, LA, for Boland Marine.

John C. Person, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, for Coastal Cargo.

I. Matthew Williamson and Alfred J. Rufty, III, O'Neil, Eichin, Miller & Breckinridge, New Orleans, LA, for Cargill.

Before HENDERSON, SMITH, and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Silver Star Enterprises, Inc. ("Silver Star") brought an action in rem to foreclose on two preferred mortgages on the M/V SARAMACCA, a vessel of the Republic of Suriname. Prejudgment arrest of the vessel occurred in the Port of New Orleans. The owner of the M/V SARAMACCA appeals several rulings of the district court regarding the foreclosure action, including the court's order for interlocutory sale of the vessel pursuant to Rule E...

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