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INDUSTRIAL EQUIPMENT & MARINE SERV., INC. v. M/V MR. GUS

Civ. A. No. 70-C-93.

333 F.Supp. 578 (1971)

INDUSTRIAL EQUIPMENT AND MARINE SERVICES, INC. v. M/V MR. GUS, her Engines, Machinery, Nets, Tackle, and Apparel, in rem, and Perry F. Smith, Jr., her owner, in personam v. INTERNATIONAL HARVESTER COMPANY.

United States District Court, S. D. Texas, Corpus Christi Division.

August 23, 1971.

Attorney(s) appearing for the Case

Wm. L. Ellis, Aransas, Pass, Tex., for Industrial Equipment and Marine Services, Inc.

Douglas Tinker, Corpus Christi, Tex., for Mr. Gus, etc. and Mr. Perry F. Smith, Jr.,

James P. Ryan, Corpus Christi, Tex., for International Harvester Company.

MEMORANDUM AND ORDER

OWEN D. COX, District Judge.

Industrial Equipment and Marine Services, Inc., has sued here to enforce, in rem, a preferred ship mortgage dated August 15, 1967, against M/V MR. GUS. It was properly brought in admiralty under Rule 9(h). Detroit Trust Co. v. The Thomas Barlum, 293 U.S. 21, 55 S.Ct. 31, 79 L.Ed. 176. The indebtedness secured by such vessel was evidenced by a promissory note of even date with...

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