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NATIONAL BANK OF NO. AMERICA v. S. S. OCEANIC ONDINE, ETC.

Civ. A. No. 69-G-53.

315 F.Supp. 386 (1970)

NATIONAL BANK OF NORTH AMERICA, Plaintiff, v. S. S. OCEANIC ONDINE, S. S. CHATHAM, S. S. OCEANIC VICTORY, and Resoloute Marine Associates, Ltd., Defendants.

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

June 26, 1970.

Attorney(s) appearing for the Case

Marvin Peterson and Benjamin R. Powell, McLeod, Powell, Alexander & Apffel, Galveston, Tex., for movants, the City of Galveston, the Board of Trustees of the Galveston Wharves, and the Galveston Wharves.

Edward W. Watson, Eastham, Watson, Dale & Forney, Galveston, Tex., for opponent, National Bank of North America.

Ed. Bluestein, Jr., Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., for opponent, Short Hills Shipping Corp.

Anthony J. P. Farris, U. S. Atty., and Jack Shepherd, Asst. U. S. Atty., Houston, Tex., for opponent, the United States.

NOEL, District Judge.

MEMORANDUM AND ORDER:

While the S. S. Oceanic Ondine and the S. S. Chatham were in the custody of the United States Marshal after seizure and before delivery to the purchaser at the Marshal's sale, each ship was shifted four times from one pier to another within the Port of Galveston, Texas, at the direction of the harbormaster, but without the consent of the custodial court, the Marshal, the owners of the vessels, or the pre-custodial...

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