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BANK ONE, LOUISIANA N.A. v. MR. DEAN MV

No. 00-31288.

293 F.3d 830 (2002)

BANK ONE, LOUISIANA N.A., Plaintiff-Appellee, v. MR. DEAN MV, Etc.; et al, Defendants, BargeCarib Incorporated, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

June 10, 2002.

Attorney(s) appearing for the Case

John J. Broders (argued), Richard Scott Jenkins, Sr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for Plaintiff-Appellee.

Ford C. Thanheiser (argued), Billings & Solomon, Houston, TX, Nicole S. Tygier, Chopin, Wagar, Cole, Richard, Reboul & Kutcher, Metairie, LA, for Intervenor-Appellant.

Before GARWOOD and WIENER, Circuit Judges and FALLON, District Judge.

GARWOOD, Circuit Judge:

BargeCarib, Inc. (BargeCarib) appeals the district court's grant of summary judgment in favor of Bank One, Louisiana N.A. (Bank One) establishing that Bank One's preferred ship mortgage had priority over BargeCarib's maritime lien for breach of charter. Because maritime liens for breach of charter attach at the moment the owner places the vessel at the charterer's disposal, we vacate and remand.

Background

BargeCarib, Inc...

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