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Legal Opinion

United States v. Smith

District Court, E.D. Texas

Decided December 1, 2011No. Civil Action No. 1:10CV240Published

1Opinion of the Court

MEMORANDUM OPINION ON CLAIM FOR UNPAID CONTRIBUTIONS TO VACATION AND RETIREMENT PLANS

RON CLARK, District Judge.

This is an in rem action involving competing claims against the vessel the CAPTAIN H.A. DOWNING. The CAPTAIN *865H.A. DOWNING was owned by AMERICAN HEAVY LIFT SHIPPING (“AHL”). The United States by and through the Secretary of Transportation, is the mortgagee on a First Preferred Fleet Mortgage dated October 3, 1996, granted by AHL. When AHL defaulted on the mortgage, the United States filed suit for foreclosure on the vessel. The vessel was arrested on September 29, 2010. On June 18,…

2Cases cited15 opinions

  1. Vaughan v. AtkinsonSupreme Court of the United States · 1962
  2. The John G. StevensSupreme Court of the United States · 1898
  3. Ronnie Gene Bass v. Phoenix Seadrill/78, Ltd., Third-Party v. Crown Rig Building Services, Inc., and Branham Industries, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1985
  4. Max Morel v. Sabine Towing & Transportation Co., Inc.Court of Appeals for the Fifth Circuit · 1982
  5. Mateo v. M/S KISODistrict Court, N.D. California · 1991

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