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TRITON MARINE FUELS v. M/V PACIFIC CHUKOTKA

No. 07-1908.

575 F.3d 409 (2009)

TRITON MARINE FUELS LTD., S.A., Plaintiff-Appellant, and Bridge Oil, Ltd., Plaintiff, and Crescent Towing and Salvage Company, Inc.; Cooper/T. Smith Mooring; Canton Port Services LLC; ISS Marine Services, Inc., d/b/a Inchcape Shipping Services; Bunker Holdings, Ltd., Intervenors/Plaintiffs, v. M/V PACIFIC CHUKOTKA, apparel, freights, etc., IMO No. 8800224, Defendant-Appellee, and Emerald Reefer Lines, Ltd.; Green Pacific A/S; Emerald Reefer Lines, Llc; Intertransport Co., LLC; Intertransport, Ltd., Defendants, and The Master of the M/V Pacific Chukotka, Garnishee.

United States Court of Appeals, Fourth Circuit.

Decided July 29, 2009.

Attorney(s) appearing for the Case

ARGUED: Geoffrey S. Tobias, Ober, Kaler, Grimes & Shriver, PC, Baltimore, Maryland, for Appellant. David W. Skeen, Wright, Constable & Skeen, LLP, Baltimore, Maryland, for Appellee. ON BRIEF: Manuel R. Llorca, Llorca & Hahn LLP, Norwalk, Connecticut, for Appellant.

Reversed and remanded with instructions by published opinion. Judge REIDINGER wrote the opinion, in which Judge SHEDD and Judge ANDERSON joined.

OPINION

REIDINGER, District Judge:

In this maritime action, Triton Marine Fuels Ltd., S.A. ("Triton"), a Panamanian corporation, alleges that it supplied the M/V PACIFIC CHUKOTKA ("PACIFIC CHUKOTKA" or "Vessel") with fuel bunkers in a foreign port but was never paid. Triton brought an in rem claim against the Vessel in federal district court, asserting a maritime lien under the Federal Maritime Lien Act, 46 U.S.C.A. § 31342(a) (West 2007) ("FMLA...

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