Legal Opinion
Transamerica Commercial Finance Corp. v. F/V Smilelee
Court of Appeals for the Fourth Circuit
Decided September 4, 1991No. Nos. 90-2113, 90-2114PublishedCited by 4 opinions
1Opinion of the Court
*187OPINION
SPROUSE, Circuit Judge:
This is an appeal of the district court’s determination of the priority between a preferred ship mortgagee,1 Transamerica Commercial Finance Corporation (“Trans-america”), as successor to Borg-Warner Acceptance Corporation (“Borg-Warner”), and two maritime lienors, Macleans Ship Supply of Florida, Inc. (“Macleans”), and Montauk Marine Basin, Inc. (“Montauk”).
The facts are complicated, although not disputed. On January 30, 1981, Peter Harrison borrowed $125,000 from Borg-Warner to purchase the F/V Smilelee, which Harrison used to fish for swordfish and tuna. On…
2Cases cited5 opinions
- New York Dock Co. v. Steamship PoznanSupreme Court of the United States · 1927
- Aberdeen & Rockfish Railroad v. Students Challenging Regulatory Agency ProceduresSupreme Court of the United States · 1972
- General Electric Credit & Leasing Corporation v. Drill Ship Mission Exploration, in Rem, Foods and Services, Inc., Claimant-AppellantCourt of Appeals for the Fifth Circuit · 1982
- General Electric Credit Corporation v. The Oil Screw Triton, Vi, Etc., United States of America v. The Oil Screw Triton, Vi, Etc., General Electric Credit Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1983
- Nova University of Advanced Technology, Inc. v. Motor Vessel GypsyDistrict Court, S.D. Florida · 1971
3Cited by4 opinions
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- Transamerica Commercial Finance Corporation, Successor in Interest to Borg-Warner Leasing, a Division of Borg-Warner Acceptance Corporation, MacLeans Ship Supply of Florida, Incorporated Montauk Marine Basin, Incorporated v. F/v Smilelee, (Official No. 629503), Her Engines, Boilers, Tackle, Equipment, Freights, Furniture and Apparel, in Rem Peter S. Harrison, in Personam v. Jac Lin Fishing Company, Incorporated, Third Party Transamerica Commercial Finance Corporation, Successor in Interest to Borg-Warner Leasing, a Division of Borg-Warner Acceptance Corporation, MacLeans Ship Supply of Florida, Incorporated Montauk Marine Basin, Incorporated v. Peter S. Harrison, in Personam, and F/v Smilelee, (Official No. 629503), Her Engines, Boilers, Tackle, Equipment, Freights, Furniture and Apparel, in Rem v. Jac Lin Fishing Company, Incorporated, Third PartyCourt of Appeals for the Third Circuit · 1991
- United States v. Huakai (O.N. 1215902)District Court, E.D. Virginia · 2011
- Wachovia Bank, N.A. v. Colchester Towne Condominium Council of Owners Board of DirectorsVirginia Circuit Court · 2002