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DIETRICH v. KEY BANK, N.A.

No. 94-4093.

72 F.3d 1509 (1996)

Leslie S. DIETRICH, Plaintiff-Counter Defendant-Appellant, v. KEY BANK, N.A., Defendant-Counter Plaintiff-Appellee, Gilman Yacht Sales, Inc., Jeffrey Shearer, Cracker Boy Marina, Inc., Defendants.

United States Court of Appeals, Eleventh Circuit.

January 3, 1996.

Attorney(s) appearing for the Case

Richard W. Glenn, West Palm Beach, FL, for appellant.

Robert D. McIntosh, Paul R. Regensdorf, Ft. Lauderdale, FL, Thomas A. Russell, Long Beach, CA, amicus curiae, David MCI. Williams, P.C., Baltimore, MD, amicus curiae, for appellee.

Before TJOFLAT, Chief Judge, ANDERSON, Circuit Judge, and FAY, Senior Circuit Judge.

ANDERSON, Circuit Judge:

This case involves the construction of the Ship Mortgage Act of 1920, 46 U.S.C.A. § 31301-31343 (West Supp.1995) (former version at 46 U.S.C.A. § 911-984 (West 1995))1 ("the Act"). The question presented here has not been decided by any other circuit: whether the provisions for enforcement of the Ship Mortgage Act set forth at 46 U.S.C.A. § 31325 provide...

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