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DANN v. DREDGE SANDPIPER

No. 1856.

222 F.Supp. 838 (1963)

Rodney H. DANN, Libellant, v. The DREDGE SANDPIPER, Respondent.

United States District Court D. Delaware.

October 22, 1963.

Attorney(s) appearing for the Case

Joseph J. Longobardi, Jr., of Longobardi & Schwartz, Wilmington, Del., for libellant.

Edmund N. Carpenter, II, and William E. Wiggin, of Richards, Layton & Finger, Wilmington, Del., and Alexander Harvey, II, of Ober, Williams, Grimes & Stinson, Baltimore, Md., for claimant and respondent.

CALEB M. WRIGHT, Chief Judge.

Libellant asserts a lien upon the dredge Sandpiper pursuant to the provisions of the Maritime Lien Act, 46 U.S. C.A. §§ 971-975. Claimant, the owner of the dredge, counters that the services which gave rise to the lien were rendered to a charterer of the dredge. The terms of the charter prohibit such a lien and claimant contends that this prohibition in the charter suffices to defeat the lien. He moves for a summary judgment...

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