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PETITION OF ZEBROID TRAWLING CORPORATION

No. 7407.

428 F.2d 226 (1970)

Petition of ZEBROID TRAWLING CORPORATION For Limitation of Liability.

United States Court of Appeals, First Circuit.

June 16, 1970.

Attorney(s) appearing for the Case

Francis H. Fox, Boston, Mass., with whom Robert J. Hallisey and Bingham, Dana & Gould, Boston, Mass., were on brief, for appellant.

Morris D. Katz, Boston, Mass., with whom Katz & Kaplan, Boston, Mass., was on brief, for Martha J. Manchester, Administratrix, appellee.

Brian T. Callahan, Medford, Mass, with whom Richard Flood, Lowell, Mass., was on brief, for First National Bank of Cape Cod, appellee.

Before ALDRICH, Chief Judge, WOODBURY, Senior Circuit Judge, and COFFIN, Circuit Judge.

ALDRICH, Chief Judge.

The fishing vessel ZEBROID, owned by Zebroid Trawling Corporation (Trawling), subject to a preferred ship mortgage held by the First National Bank of Cape Cod, sailed on a fishing trip from Newport, Rhode Island, on December 30, 1967. Five days later, when in international waters, her captain was washed overboard in a storm and lost. On April 10, 1968, the bank brought suit in the district court to foreclose its mortgage. A warrant for sale of...

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