United States v. EX-USS Cabot/Dedalo

WIENER, Circuit Judge:

Intervenor Plaintiff-Appellant Marine Salvage & Services, Inc. (“Marine Salvage”), which asserted a lien for marine necessaries against the EX-U.S.S. CABOT/DEDALO (“the CABOT"), appeals from the district court’s ruling that Plaintiff-Appellee the United States of America (“the government”) has a salvage lien against the same ship, priming Marine Salvage’s lien. We hold that the government cannot assert a salvage claim in the circumstances of this case, and therefore reverse and remand.

I. FACTS AND PROCEEDINGS

The CABOT was the last remaining light aircraft carrier (CVL)…