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MARINE MART, INC. v. O/S MISS DARLA DAWN

No. 66-B-13.

273 F.Supp. 353 (1967)

MARINE MART, INC., Libellant, and C. I. T. Corporation, Isbell Seafood, Inc., Callaway Ice & Fuel Company, Inc., DuBose Marine Radio, Inc., and 2410 Net Works, Inc., Intervening Libellants, v. The O/S MISS DARLA DAWN, her engines, tackle, apparel, etc., Respondent.

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

October 11, 1967.

Attorney(s) appearing for the Case

Hardy & Sharpe, Benjamin S. Hardy, Brownsville, Tex., for libellant and for intervening libellants Isbell Seafood, Inc., Callaway Ice & Fuel Co., Inc., DuBose Marine Radio, Inc., and 2410 Net Works, Inc.

Patterson, McDaniel, Moore & Browder, Jesse W. McDaniel and Tom C. Primm, Houston, Tex., for intervening libellant C.I.T. Corporation.

MEMORANDUM

GARZA, District Judge.

This cause deals with the priority between a preferred maritime mortgage and several traditional maritime liens.

The main question to be decided is whether an earlier mortgage was extinguished so that the subsequent mortgage must be deemed an entirely new and unrelated security subsequent in point of time to the maritime liens being asserted.

The parties have...

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