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HAWKSPERE SHIPPING CO., LTD. v. INTAMEX, S.A.

No. 02-1058

330 F.3d 225 (2003)

HAWKSPERE SHIPPING COMPANY, LIMITED, Plaintiff-Appellee, v. INTAMEX, S.A.; Amalco, A.G., Defendants-Appellants, and 65 Bundles of Secondary Aluminum, Grade A380.1 and 32 Pieces of Aluminum Alloy Sows, Grade AK5M2, in rem; M/V Anangel Fidelity, in rem, Defendants, v. International Commodities Transportation Services, Incorporated; International Commodity Transportation Services, LLC; Tony Gilbert, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: May 27, 2003.

Attorney(s) appearing for the Case

ARGUED: John Stephen Simms, Greber & Simms, Baltimore, Maryland, for Appellants. JoAnne Zawitoski, Semmes, Bowen & Semmes, P.C., Baltimore, Maryland, for Appellee. ON BRIEF: Stephen S. McCloskey, Greber & Simms, Baltimore, Maryland, for Appellants. Alexander M. Giles, Semmes, Bowen & Semmes, P.C., Baltimore, Maryland, for Appellee.

Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge MICHAEL joined. Judge NIEMEYER wrote separately, concurring in part and dissenting in part and concurring in the judgment.

OPINION

KING, Circuit Judge:

On June 9, 2000, a shipment of aluminum that had travelled by sea from St. Petersburg, Russia, arrived at the Port of Baltimore, Maryland. The carrier (i.e., the owner of the ship) asserted a maritime lien against the cargo...

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