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BRADFORD MARINE, INC. v. M/V SEA FALCON

No. 93-5102.

64 F.3d 585 (1995)

BRADFORD MARINE, INC., Plaintiff/Counterdefendant-Appellee, v. M/V "SEA FALCON," Her Engines, Tackle, Apparel and Other Appurtenances, Defendant/Counterplaintiff-Appellant, Double Eagle Yacht Sales, Defendant.

United States Court of Appeals, Eleventh Circuit.

September 15, 1995.

Attorney(s) appearing for the Case

James W. Stroup, Daniel D. Douglass, P.A., Ft. Lauderdale, FL, for appellant.

Bonnie S. Crouch, James E. Tribble, Blackwell & Walker, P.A., Miami, FL, for appellee.

Before TJOFLAT, Chief Judge, COX, Circuit Judge, and DYER, Senior Circuit Judge.

TJOFLAT, Chief Judge:

Appellant, the vessel Sea Falcon, appeals from a judgment assessing attorney's fees against it in an in rem action to enforce a maritime lien for necessaries pursuant to 46 U.S.C. § 31342 (Supp. III 1991). The district court held that the Sea Falcon was properly liable for the fees because the repair contract at issue provided that the plaintiff would receive attorney's fees if it retained legal counsel to collect its...

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