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BARCLIFF, LLC v. M/V DEEP BLUE, IMO NO. 9215359

No. 16-17755.

876 F.3d 1063 (2017)

BARCLIFF, LLC, d.b.a. Radcliff/Economy Marine Services, Plaintiff-Appellant, v. M/V DEEP BLUE, IMO NO. 9215359, her engines, apparel, furniture, equipment, appurtenances, tackle, etc., in rem, Defendant-Appellee, ING Bank N.V., P. O. Box 1800 ALP B.02.050 Amsterdam 1000 BV Netherland, Intervenor-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 30, 2017.

Attorney(s) appearing for the Case

Gilbert Larose Fontenot , Maples & Fontenot, LLP, Mobile, AL, for Plaintiff-Appellant.

William Cuthbert Baldwin , Richard Scott Jenkins , Jones Walker, LLP, New Orleans, LA, Matthew C. McDonald , Jones Walker, LLP, Mobile, AL, for Defendant-Appellee.

James Marshall Gardner , Thomas S. Rue , Maynard Cooper & Gale, PC, Mobile, AL, Brian Paul Maloney , Bruce G. Paulsen , Seward & Kissel, New York, NY, for Interested Party-Appellee.

Before ED CARNES, Chief Judge and BLACK, Circuit Judges, and MAY, District Judge.

The M/V Deep Blue is a pipe-laying vessel deployed in the Gulf of Mexico. In late 2014, the Deep Blue required a routine refueling. Its owner contacted a global marine fuel supplier. The supplier agreed to sell the fuel and deliver it to the Deep Blue at the Port of Mobile, Alabama. Rather than fulfill the order out of its...

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