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STEVENS SHIPPING & TERMINAL v. JAPAN RAINBOW II MV

No. 02-30627.

334 F.3d 439 (2003)

STEVENS SHIPPING AND TERMINAL COMPANY; et al., Plaintiffs, Stevens Shipping and Terminal Company, Plaintiff-Appellant, v. JAPAN RAINBOW II MV, its engines, tackle, & apparel, in rem; Defendant-Appellee, and Ruby Trading S A, Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 15, 2003.

Attorney(s) appearing for the Case

J. Stephen Simms (argued), Gerber & Simms, Baltimore, MD, for Plaintiff-Appellant.

Peter Brooks Sloss (argued), Charles Borden Wallace, Murphy, Rogers & Sloss, New Orleans, LA, for Claimant-Appellee.

Before DUHÉ, EMILIO M. GARZA and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Plaintiff-Appellant, Stevens Shipping & Terminal Co., Inc., ("Stevens"), claimed a maritime lien for agency and stevedoring services that it rendered to the M/V JAPAN RAINBOW II in Savannah, Georgia, in February 2001. The district court, however, found that Stevens provided those services with actual knowledge that the charter party of the M/V JAPAN RAINBOW II contained a prohibition of liens clause, and that the time charterer who hired...

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