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STATE BANK & TRUST CO. v. C & G LIFTBOATS, L.L.C.

No. 17-30792.

906 F.3d 361 (2018)

STATE BANK & TRUST COMPANY, Plaintiff-Appellee, v. C & G LIFTBOATS, L.L.C.; AMC Liftboats, Incorporated, also known as A.M.C. Liftboats, Incorporated; Polly D. Cheramie, in personam; Adam A. Cheramie, in personam; Lil Al M/V, in rem; Mr. Alan M/V, in rem; Whitney M/V L/B, in rem, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed October 16, 2018.

Attorney(s) appearing for the Case

William Cothbert Baldwin , Mark Alan Mintz , Jones Walker, L.L.P., New Orleans, LA, for Plaintiff-Appellee.

Christopher Todd Caplinger , Emmitt L. DuBose, III , Stewart F. Peck , David Boies Sharpe , Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, for Defendants-Appellants C & G Liftboats, L.L.C., AMC Liftboats, Incorporated, Lil Al M/V, Mr. Alan M/V and Whitney M/V L/B.

Alan Harry Goodman , Breazeale, Sachse & Wilson, L.L.P., New Orleans, LA, for Defendants-Appellants Polly D. Cheramie and Adam A. Cheramie.

Before KING, SOUTHWICK, and HO, Circuit Judges.

The district court granted summary judgment to the plaintiff, holding that the plaintiff had a preferred ship mortgage under the Ship Mortgage Act. The defendants appealed. The district court's order, though, did not finally determine the rights or obligations of the parties in this dispute, which leaves us without...

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