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PATTERSON SHRIMP COMPANY v. O/S FREEDOM

No. 394.

211 F.Supp. 852 (1962)

PATTERSON SHRIMP COMPANY, Inc., Libellant, v. The O/S FREEDOM, her engines, tackle, apparel, etc., and Mitchel Charles Vining and Rose Marie Vining, Owners, Respondents.

United States District Court S. D. Texas, Brownsville Division.

December 28, 1962.

Attorney(s) appearing for the Case

Sharpe & Hardy, Benjamin S. Hardy, Brownsville, Tex., for libellant.

Theodore G. Schirmeyer and L. G. Kratochvil, Houston, Tex., for intervenors Corbitt Marine Ways, Inc., Independent Shrimp Supply, Inc., Eugene H. Toomer, d/b/a Fritz Toomer Packing Co., E. J. Toomer, Jr. and Jeanette Toomer d/b/a Coral Shrimp Co., and Wilson Oil Co.

Ellis & Andrews, Thomas M. Andrews, Aransas Pass, Tex., for intervenor Ballard Johnson.

Rentfro & Rentfro, Daniel L. Rentfro, Brownsville, Tex., for intervenors Border Marine Ways, Inc. and Seaport Service & Supply, Inc.

GARZA, District Judge.

This case involves the priority between a preferred mortgage held by Libellant on the O/S FREEDOM and maritime liens held by intervening libellants, some arising before the execution of the mortgage, and some after.

The validity of the mortgage and its perfection in accordance with the Ship Mortgage Act is not questioned; but the mortgagee contends that the maritime liens claimed by Border Marine Ways, Inc. and Seaport Service and Supply...

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