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McKENZIE v. THE G/S JIM-JET II

No. 374.

133 F.Supp. 804 (1955)

Tommy McKENZIE and Harry Setzer, t/a Tom's Marine Service, a partnership Libelants, v. THE G/S JIM-JET II, her engines, tackle, apparel, and furniture, Jim DeBerry and Jeannette DeBerry, Claimants-Respondents, and Al Martin, Intervening Libelant.

United States District Court E. D. North Carolina, Wilmington Division.

September 2, 1955.

Attorney(s) appearing for the Case

Rountree & Rountree, Kellum & Humphrey, Wilmington, N. C., for libelants.

Heman H. Higgins, Jr., Georgetown, S. C., for claimants-respondents.

James C. Bowman, Southport, N. C., for intervening libelant.

GILLIAM, District Judge.

In this libel against the Jim-Jet II for supplies and services furnished, counsel in their briefs agree that the only question involved is whether under the evidence a maritime lien existed so as to afford jurisdiction of the libel. The claimants-respondents (hereinafter called "owners") originally contended that the work was not performed in a satisfactory and workmanlike manner, and also alleged a counterclaim because, as they say, the work...

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