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GULF MARINE AND INDUS. v. GOLDEN PRINCE M/V

Nos. 99-30909, 99-31293.

230 F.3d 178 (2000)

GULF MARINE AND INDUSTRIAL SUPPLIES, INC.; et al., Plaintiffs, v. GOLDEN PRINCE M/V, etc.; et al., Defendants. Murphy, Rogers & Sloss, APLC, Plaintiff-Appellant, v. GOLDEN PRINCE M/V, Her Engines, Tackle, Apparel, and Appurtenances, Prince Navigation, Inc., Defendants-Appellees, Royal Bank of Scotland, Appellee. Gulf Marine and Industrial Supplies, Inc.; et al., Plaintiffs, v. GOLDEN PRINCE M/V, etc.; et al., Defendants. Murphy, Rogers & Sloss, APLC, Plaintiff-Appellant, v. GOLDEN PRINCE M/V, Her Engines, Tackle, Apparel, and Appurtenances, Prince Navigation, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Revised November 1, 2000.

Attorney(s) appearing for the Case

Peter Brooks Sloss (argued), Scott Edward Oliphant, Murphy, Rogers & Sloss, New Orleans, LA, for Plaintiff-Appellant.

John Francis Fay, Jr., Deutsch, Kerrigan & Stiles, New Orleans, LA, for Prince Navigation, Inc.

Mary Campbell Hubbard (argued), Antonio J. Rodriguez, Sean Paul Bracken, Rice Fowler, New Orleans, LA, for Royal Bank of Scotland.

Before JONES and BENAVIDES, Circuit Judges, and COBB, District Judge.

EDITH H. JONES, Circuit Judge:

The law firm of Murphy, Rogers & Sloss, APLC ("MRS") filed suit to establish a maritime lien on the sale proceeds of the vessel M/V GOLDEN PRINCE ("GOLDEN PRINCE"). MRS argued that legal services it provided on behalf of the GOLDEN PRINCE were "necessaries" under the Federal Maritime Law Act (FMLA), 46 U.S.C. § 31342 (2000), and that the firm therefore held a maritime lien for its attorney fees senior to a mortgage on the vessel...

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