Legal Opinion

Merchants & Marine Bank v. The Fishing Vessel T. E. Welles, Etc.

Court of Appeals for the Fifth Circuit

Decided April 12, 1961No. 18413_1PublishedCited by 48 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

We deal with this case for a second time. As before it presents questions of priority of general maritime liens for supplies in opposition to that of a preferred ship mortgage. Laches was, or was thought to be, the important question.

On its first appearance, Pascagoula Dock Station v. Merchants and Marine Bank, 5 Cir., 1959, 271 F.2d 53, 1959 A.M.C. 2207, we did two things. First, we upheld the validity of the preferred ship mortgage of March 29, 1957. Second, we concluded that the District Judge’s initial holding that the maritime lienor, Pascagoula Dock Station,…

2Cases cited24 opinions

  1. The Key CitySupreme Court of the United States · 1872
  2. The EverosaCourt of Appeals for the First Circuit · 1937
  3. Nolte v. Hudson Nav. Co.Court of Appeals for the Second Circuit · 1924
  4. Pascagoula Dock Station, a Partnership v. Merchants and Marine Bank, IntervenorCourt of Appeals for the Fifth Circuit · 1959
  5. Gray v. Hopkins-Carter Hardware Co.Court of Appeals for the Fifth Circuit · 1929

19 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Equilease Corp. v. M/V SampsonCourt of Appeals for the Fifth Circuit · 1986
  2. Julien Andre Sasportes v. M/v Sol De Copacabana, Her Engines Etc. And Navexport, S.A., Banco De Credito Industrial, S.A., Star-Kist Foods, Inc., a Foreign Corp. v. M/v Sol De Copacabana, Her Engines, Tackle, Boilers Appurtenances, Etc., Banco De Credito Industrial, S.A., Banco De Credito Industrial, S.A. v. M/v Sol De Copacabana, Her Engines, Tackle, Etc. And Navexport, S.A.Court of Appeals for the Fifth Circuit · 1978
  3. Bank of America, NT & SA v. PengwinCourt of Appeals for the Ninth Circuit · 1999
  4. J. Ray McDermott & Co. v. Vessel Morning StarCourt of Appeals for the Fifth Circuit · 1972
  5. J. Ray Mcdermott & Co., Inc. v. The Vessel Morning StarCourt of Appeals for the Fifth Circuit · 1972

43 more not listed; retrieve them via the Exa API.

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