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PNC BANK DELAWARE v. F/V MISS LAURA

No. 03-1695.

381 F.3d 183 (2004)

PNC BANK DELAWARE, a banking institution organized under the laws of the State of Delaware with a place of business in Wilmington, County of New Castle, State of New Jersey v. F/V MISS LAURA, (O.N.542762), her engines, machinery, equipment, masts, fishing permits, etc., in rem R.D. Grier & Sons, Inc.; Maine Shipyard & Marine Railway, Inc.; Smithwick & Mariners Insurance Company; Don's Hydraulics, Inc., Intervenor-Plaintiffs in District Court Maine Shipyard & Marine Railway, Inc., Appellant.

United States Court of Appeals, Third Circuit.

August 25, 2004.

Attorney(s) appearing for the Case

Cianciulli & Ouellette, Stephen M. Ouellette (Argued), Beverly, for Appellant.

Archer & Greiner, Arthur H. Jones, Jr., Haddonfield, Tompkins, Clough, Hirshon & Langer, Leonard W. Langer (Argued), Portland, for Appellee.

Before FUENTES, SMITH and GIBSON, Circuit Judges.

OPINION OF THE COURT

JOHN R. GIBSON, Circuit Judge.

This case presents the novel question of whether, assuming a vessel's fishing history may be the subject of a maritime lien, the lien follows the transfer of the fishing history to a replacement vessel after the original vessel sinks. The district court held that fishing history could not be "salvaged" from a sunken vessel and therefore any maritime lien that may have existed was extinguished at the time...

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