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FANEUIL ADVISORS, INC. v. O/S SEA HAWK

No. 94-1959.

50 F.3d 88 (1995)

FANEUIL ADVISORS, INC., Plaintiff, Appellant, v. O/S SEA HAWK, (O.N. 559409), Her Engines, Tackle and Appurtenances, in rem, Defendant, Appellee, Portsmouth Harbor Towing, Intervenor, Appellee.

United States Court of Appeals, First Circuit.

Decided March 29, 1995.

Attorney(s) appearing for the Case

Harry Barnett with whom Timothy R. McHugh, Lawrence J. Mullen, and Hoch & McHugh, Boston, MA, were on brief for appellant.

Paul McEachern with whom Shaines & McEachern, P.A., Portsmouth, NH, was on brief, for Portsmouth Harbor Towing, intervenor-appellee.

Before SELYA, BOUDIN and STAHL, Circuit Judges.

STAHL, Circuit Judge.

Plaintiff-appellant Faneuil Advisors, Inc. ("Faneuil"), appeals the district court's order subordinating Faneuil's preferred ship mortgage on the O/S Sea Hawk to the salvage claim of intervenor-appellee Portsmouth Harbor Towing ("PHT"). Because the district court predicated its order on a misunderstanding of the applicable law, we reverse.

I.

BACKGROUND

The Sea Hawk is a forty-five foot Hatteras sport...

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