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ROSE v. M/V "GULF STREAM FALCON"

No. 98-4213.

186 F.3d 1345 (1999)

Captain Mark ROSE, Captain, Plaintiff-Counter-Defendant-Appellant-Cross-Appellee, v. M/V "GULF STREAM FALCON," her engines, tackle, appurtenances, etc., Official Number 585709, in rem, Defendant-Counter-Claimant Appellee-Cross-Appellant, Alden Hanson, her owner, in personam, Claimant-Appellee-Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 31, 1999.

Attorney(s) appearing for the Case

Robert R. Edwards, Bosshardt & Edwards, P.A., Ft. Lauderdale, FL, for Rose.

Allan R. Kelley, Fowler, White, Burnett, Hurley, Banick & Strickroot, PA, Miami, FL, for M/V "Gulf Stream Falcon".

Before BIRCH and CARNES, Circuit Judges, and MILLS, Senior District Judge.

RICHARD MILLS, Senior District Judge:

In this case, we review the district court's interpretation of a contract entered between the parties in which Captain Rose purportedly waived his maritime lien on the boat, Gulf Stream Falcon.

For the following reasons, we reverse the decision of the district court and remand for further proceedings.

I. Background

In 1989, Alden Hanson purchased a boat...

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