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WALTER E. HELLER & COMPANY v. M/V MR. ED

No. 8322.

273 F.Supp. 926 (1967)

WALTER E. HELLER & COMPANY, Plaintiff, v. M/V MR. ED, her engines, tackle, furniture, etc., Defendant.

United States District Court E. D. Louisiana, New Orleans Division.

September 13, 1967.

Attorney(s) appearing for the Case

John William Futrell, New Orleans, La., for plaintiff.

Fritz H. Windhorst, New Orleans, La., for intervening claimant, Gator Supply Co.

RUBIN, District Judge:

On June 30, 1966, Walter E. Heller & Company (Heller) filed a libel, in rem, against the M/V MR. ED, to enforce a mortgage granted by the owner, J & M Equipment Rental, Incorporated. The vessel was seized and sold by the United States Marshal, and the net proceeds were deposited in the registry of the Court. Heller then filed a motion to have its mortgage declared a valid preferred ship mortgage under 46 U.S.C.A. § 922, to have...

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