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MARITRANS OPERATING PARTNERS v. M/V BALSA 37

Nos. 93-2063, 93-2068 and 93-2201.

64 F.3d 150 (1995)

MARITRANS OPERATING PARTNERS LIMITED PARTNERSHIP, Plaintiff-Appellee, v. The M/V BALSA 37, her engines, tackle, furnishings, etc., in rem; Tsacaba Shipping Company, Incorporated, in personam; Dowa Line Company, Limited, in personam, Defendants-Appellants. BOUCHARD TRANSPORTATION COMPANY, INCORPORATED; Tug Captain Fred S. Bouchard Corporation; Barge B. No. 155 Corporation, Plaintiffs-Appellees, v. The M/V BALSA 37, her engines, tackle, furnishings, etc., in rem; Tsacaba Shipping Company, Incorporated, in personam; Dowa Line Company, Limited, in personam, Defendants-Appellants. MARITRANS OPERATING PARTNERS LIMITED PARTNERSHIP; Bouchard Transportation Company, Incorporated; Tug Captain Fred S. Bouchard Corporation; Barge B. No. 155 Corporation, Plaintiffs-Appellees, v. The M/V BALSA 37, her engines, tackle, furnishings, etc., in rem; Tsacaba Shipping Company, Incorporated, in personam; Dowa Line Company, Limited, in personam, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 5, 1995.

Attorney(s) appearing for the Case

ARGUED: Walter Bramblette Martin, Jr., Vandeventer, Black, Meredith & Martin, Norfolk, VA, for appellants. John R. Crumpler, Jr., Kaufman & Canoles, P.C., Norfolk, VA, for appellees. ON BRIEF: Patrick H. O'Donnell, Kaufman & Canoles, P.C., Norfolk, VA; James L. Chapman, IV, David H. Sump, Crenshaw, Ware & Martin, Norfolk, VA; William L. Juska, Jr., Freehill, Hogan & Mahar, New York City, for appellees.

Before WIDENER and LUTTIG, Circuit Judges, and TURK, United States District Judge for the Western District of Virginia, sitting by designation.

Reversed by published opinion. Judge WIDENER wrote the opinion, in which Judge LUTTIG and Judge TURK concurred.

OPINION

WIDENER, Circuit Judge:

This case is before us on a certified interlocutory appeal, pursuant to 28 U.S.C. § 1292(b), from the United States District Court for the Eastern District of Virginia. We are asked to review the attachment of a vessel pursuant to Supplemental Admiralty Rule B of the federal rules and Local Admiralty...

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