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S.C. STATE PORTS AUTHORITY v. SILVER ANCHOR, S.A.

Nos. 93-1855, 93-2292.

23 F.3d 842 (1994)

SOUTH CAROLINA STATE PORTS AUTHORITY, Plaintiff-Appellant, v. SILVER ANCHOR, S.A., (PANAMA); Oristis Christophides, a/k/a Rusty Christophides, In Personam, Defendants-Appellees, and M/V LEVANT FORTUNE, (ex-Valiant), her engines, boilers, tackle, furniture, equipment, freights and apparel, In Rem equipment, freights, Defendant. SOUTH CAROLINA STATE PORTS AUTHORITY, Plaintiff-Appellant, v. M/V LEVANT FORTUNE, (ex-Valiant), her engines, boilers, tackle, furniture, equipment, freights and apparel, In Rem, Defendant-Appellee, and Silver Anchor, S.A., (Panama), Claimant.

United States Court of Appeals, Fourth Circuit.

Decided May 5, 1994.

Attorney(s) appearing for the Case

ARGUED: Michael Stanley Seekings, Robertson & Seekings, Charleston, SC, for appellant. Douglas Manning Muller, Buist, Moore, Smythe & McGee, Charleston, SC, for appellee. ON BRIEF: John H. Cooper, Charles H. Raley, Jr., Cooper & Raley, Charleston, SC, for appellant. Benjamin Allston Moore, Jr., Buist, Moore, Smythe & McGee, Charleston, SC, for appellee.

Before PHILLIPS, MURNAGHAN, and HAMILTON, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge PHILLIPS and Judge HAMILTON joined.

OPINION

MURNAGHAN, Circuit Judge:

On appeal are two consolidated actions, both brought by the South Carolina State Ports Authority ("the SPA"): an in personam action against Orestes G. "Rusty" Christophides and a Panamanian company, Silver Anchor...

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