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OFFSHORE MARINE TOWING, INC. v. MR23

No. 04-15126.

412 F.3d 1254 (2005)

OFFSHORE MARINE TOWING, INC., Plaintiff-Appellant, v. MR23, her engines, boiler, machinery, tackle, equipment, freights, furnishings, and appurtenances, etc., in rem, Cherif Ayouty, Wingham, Ltd., in personam, as owner of MR23, Defendants-Appellees, Gibraltar Bank, Garnishee-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 20, 2005.

Attorney(s) appearing for the Case

John K. Fulweiler, DeOrchis, Hillenbrand & Wiener, Miami, FL, for Plaintiff-Appellant.

James W. Stroup, James W. Stroup, P.A., Mark Ercolin, Ft. Lauderdale, FL, for Appellees.

Before DUBINA, PRYOR and KRAVITCH, Circuit Judges.

PRYOR, Circuit Judge:

This admiralty appeal presents two related issues: (1) whether attorney's fees may be awarded to a salvor in an in rem action against the vessel; and (2) whether the district court acted within its authority under the Federal Arbitration Act, 9 U.S.C. section 11, when it modified the arbitration award in favor of the salvor to exclude attorney's fees and expenses. We affirm the decision of the...

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