ING BANK N.V. v. BOMIN BUNKER OIL CORP.

No. 19-30418.

953 F.3d 390 (2020)

ING BANK N.V., Plaintiff-Appellee, v. BOMIN BUNKER OIL CORPORATION, Plaintiff-Appellant, v. Bulk Finland M/V, No. 9691577, her engines, tackle, equipment, furniture, appurtenances, etc., in rem, Defendant. Bomin Bunker Oil Corporation, Plaintiff-Appellant, v. Drylog Bulkcarriers Limited, on behalf of the in rem defendant, Bulk Finland MV, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED March 24, 2020.


Attorney(s) appearing for the Case

James Denman Bercaw , Robert J. Stefani , Trial Attorney, King & Jurgens, L.L.C., New Orleans, LA, for Plaintiff-Appellee ING Bank, N.V.

J. Stephen Simms , Simms Showers, L.L.P., Hunt Valley, Gerard Beauregard Gelpi, Esq. , Wagner, Bagot & Rayer, L.L.P., New Orleans, LA, for Plaintiff-Appellant Bomin Bunker Oil Corporation.

Andrew Struben de Klerk, Esq. , Timothy Patrick O'Leary, Esq. , Frilot, L.L.C., Street New Orleans, LA, for Defendant-Appellee Drylog Bulkcarriers Limited.

Before SMITH, HO, and OLDHAM, Circuit Judges.


Bomin Bunker Oil Corporation ("Bomin") asserted an in rem claim for a maritime lien against the Bulk Finland M/V ("the Vessel"), a ship to which it supplied fuel bunkers under a contract with one of the affiliates of O.W. Bunker & Trading A/S's ("OW Bunker"). The district court granted summary judgment...

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