Legal Opinion
ING Bank N v. v. M/V TEMARA
Court of Appeals for the Second Circuit
Decided June 13, 2018No. 16-3923(L); 16-4019(Con); August Term 2017PublishedCited by 101 opinions
1Opinion of the Court
BARRINGTON D. PARKER, Circuit Judge:
This appeal requires us to decide which parties are entitled to a maritime lien under the Commercial Instruments and Maritime Liens Act (" CIMLA "), 46 U.S.C. § 31301 et seq.
In 2014, the charterer of a vessel contracted with a supplier to buy bunkers (marine fuel). To fulfill its obligation, the contract supplier subcontracted with an intermediary, who, in turn, subcontracted with another entity, the physical supplier, who then delivered the bunkers. After the bunkers were delivered, but before anyone was paid, the contract supplier and the intermediary…
2Cases cited29 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Coach Leatherware Co. v. Anntaylor, Inc.Court of Appeals for the Second Circuit · 1991
- Piedmont & Georges Creek Coal Co. v. Seaboard Fisheries Co.Supreme Court of the United States · 1920
- Bridgeway Corporation v. Citibank, Doing Business as Citicorp N.A.Court of Appeals for the Second Circuit · 2000
- New York Dock Co. v. Steamship PoznanSupreme Court of the United States · 1927
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3Cited by101 opinions
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- Valero Marketing & Supply Co. v. M/V Almi Sun, IMOCourt of Appeals for the Fifth Circuit · 2018
- Kowalchuck v. Metropolitan Transportation AuthorityCourt of Appeals for the Second Circuit · 2024
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