Legal Opinion · Concurrence

Mobile Marine Sales, Ltd. v. M/V Prodromos

Court of Appeals for the Third Circuit

Decided November 4, 1985No. Nos. 85-1094, 85-1140, 85-1128 and 85-1144Published

1ConcurrenceSeitz, Circuit Judge

I concur in the judgment of the court. I write separately because I find it unnecessary to explore the nuances of Panamanian law. In my view, the fact that the mortgage was registered by the Public Registry in Panama creates a presumption under United States law that it was duly registered which can be defeated only by clear and convincing evidence to the contrary, see State of Israel v. M/V Nili, 318 F.Supp. 1196, 1199-1200 (S.D.Fla.1968), affd 435 F.2d 242, 245, 251-52 (5th Cir.1970), cert. denied, 401 U.S. 994, 91 S.Ct. 1232, 28 L.Ed.2d 532 (1971). No such clear and convincing showing was…

2Cases cited2 opinions

  1. State of Israel, a Sovereign Nation v. The Motor Vessel Nili, Etc., and Singer & Friedlander, Inc., and Ted Curry Shipping, Ltd., Claimants-AppellantsCourt of Appeals for the Fifth Circuit · 1970
  2. Israel v. Motor Vessel NiliDistrict Court, S.D. Florida · 1968

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