Legal Opinion
Oriente Commercial, Inc. v. The American Flag Vessel
Court of Appeals for the Fourth Circuit
Decided November 10, 1975No. 74-1966PublishedCited by 4 opinions
1Opinion of the Court
HAYNSWORTH, Chief Judge:
The question presented by this case in admiralty is whether claims against a ship as a common carrier for damage to or loss of cargo are “preferred maritime liens” “for damages arising out of tort,” 46 U.S.C. § 953(a), and thus superior to a valid preferred mortgage lien. 46 U.S.C. § 953(b), we hold that they are.
Oriente Commercial, Inc., Black and Decker, Inc., and the United States were among many in rem claimants against the M/V Floridian, which was arrested and sold by order of the court in May 1973. The United States held two valid preferred ship mortgages on the…
2Cases cited8 opinions
- Stevens v. the White CitySupreme Court of the United States · 1932
- The John G. StevensSupreme Court of the United States · 1898
- The Henry W. BreyerDistrict Court, D. Maryland · 1927
- Port Welcome Cruises, Inc. v. S. S. Bay BelleDistrict Court, D. Maryland · 1963
- Morrisey v. S.S. A. & J. FaithDistrict Court, N.D. Ohio · 1965
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3Cited by4 opinions
- Polo Ralph Lauren, L.P. v. Tropical Shipping & Construction Co.Court of Appeals for the Eleventh Circuit · 2000
- Associated Metals and Minerals Corp. v. Alexander's Unity MVCourt of Appeals for the Fifth Circuit · 1995
- Oriente Commercial, Inc. v. American Flag VesselCourt of Appeals for the Fourth Circuit · 1975
- Polo Ralph Lauren v. TropicalCourt of Appeals for the Eleventh Circuit · 2000