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VALERO MARKETING & SUPPLY v. M/V ALMI SUN

No. 16-30194.

893 F.3d 290 (2018)

VALERO MARKETING & SUPPLY COMPANY, Plaintiff-Appellant v. M/V ALMI SUN, IMO NO. 9579535, her engines, apparel, furniture, equipment, appurtenances, tackle, etc., in rem; Verna Marine Company, Limited, appearing solely and restrictively as claimant of the M/V Almi Sun, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed June 19, 2018.

Attorney(s) appearing for the Case

Thomas J. Wagner, Esq. , Michael H. Bagot, Jr. , Wagner, Bagot & Rayer, L.L.P., New Orleans, LA, for Plaintiff-Appellant.

Gary Alan Hemphill , Jeremy Thomas Grabill , Trial Attorney, Phelps Dunbar, L.L.P., New Orleans, LA, for Defendant-Appellee.

Keith Bernard Letourneau , Blank Rome, L.L.P., Houston, TX, for Amicus Curiae NUSTAR ENERGY SERVICES, INCORPORATED.

David Boies Sharpe , Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, Brian Paul Maloney, Esq. , Bruce G. Paulsen, Esq. , Seward & Kissell, L.L.P., New York, NY, for Amicus Curiae ING BANK N.V.

Before HIGGINBOTHAM, JONES, and HAYNES, Circuit Judges.

This case asks whether a bunker supplier, having entered into a contract with a bunker trader that later went bankrupt, is entitled to assert a maritime lien against the vessel that physically received its fuel. Because that supplier cannot show that it provided necessaries "on the order of the owner or a...

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