Legal Opinion

General Electric Credit & Leasing Corporation v. Drill Ship Mission Exploration, in Rem, Foods and Services, Inc., Claimant-Appellant

Court of Appeals for the Fifth Circuit

Decided February 22, 1982No. 81-3037PublishedCited by 30 opinions

1Opinion of the Court

TATE, Circuit Judge:

A vessel was seized and sold upon foreclosure of a preferred ship mortgage. 46 U.S.C. §§ 951-54. The present appeal stems from proceedings to rank liens. The contest is between the seizing mortgage creditor (“General Electric”) and an intervenor (“Foods Services”) presenting claims advanced as priming the seizing creditor’s right to the proceeds. Foods Services appeals from the denial of its claimed priority. Finding (a) that the intervenor’s preseizure claims must be recognized as preferred maritime liens as advances of crew wages and (b) that the intervenor’s…

2Cases cited5 opinions

  1. New York Dock Co. v. Steamship PoznanSupreme Court of the United States · 1927
  2. Point Landing, Inc., Intervenor v. Alabama Dry Dock & Shipbuilding CompanyCourt of Appeals for the Fifth Circuit · 1958
  3. China Union Lines, Ltd., Mitsubishi International Corporation, Lan Jing-Chau, Armement Deppe, S.A. v. A. O. Andersen & Co., American Cyanamid CompanyCourt of Appeals for the Fifth Circuit · 1966
  4. Bender Weld. & MacH. Co., Inc. v. M/V Sovereign OpalDistrict Court, S.D. Alabama · 1976
  5. Lawrence C. Moore v. United StatesCourt of Appeals for the D.C. Circuit · 1962

3Cited by30 opinions

  1. In the Matter of Triangle Chemicals, Inc., Debtor. Darryl Fanelli v. Nelson T. Hensley, TrusteeCourt of Appeals for the Fifth Circuit · 1983
  2. Equilease Corp. v. M/V SampsonCourt of Appeals for the Fifth Circuit · 1986
  3. Kingstate Oil v. M/V Green StarCourt of Appeals for the Third Circuit · 1987
  4. Associated Metals and Minerals Corp. v. Alexander's Unity MVCourt of Appeals for the Fifth Circuit · 1995
  5. 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

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