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MARITREND, INC. v. SERAC & CO. (SHIPPING) LTD.

No. 02-30365.

348 F.3d 469 (2003)

MARITREND, INC., Plaintiff-Appellant, v. SERAC & COMPANY (SHIPPING) LTD., et al., Defendants, SEVILLA WAVE M/V, her engines, tackle, apparel, etc., in rem, Defendant-Appellee, Pimpernel Shipping Company, Ltd., Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 16, 2003.

Attorney(s) appearing for the Case

David L. Carrigee (argued), James G. Burke, Jr., Burke & Mayer, New Orleans, LA, for Plaintiff-Appellant.

Daniel A. Tadros (argued), Heather M. Valliant, Parker Harrison, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Defendant-Appellee and Claimant-Appellee.

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Maritrend, Inc., appeals the district court's ruling that it waived its maritime lien on a vessel to which it had provided stevedoring services. We reverse and remand this case for the entry of judgment in favor of Maritrend on its in rem claim against the vessel.

I. BACKGROUND

In July 2000, Maritrend contracted with Serac & Company (Shipping) Ltd. ("Serac"), the agent for an undisclosed charterer, to provide stevedoring...

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