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JAN C. UITERWYK CO., INC. v. MV MARE ARABICO

Civ. Nos. H-76-517, H-76-1115.

459 F.Supp. 1325 (1978)

JAN C. UITERWYK CO., INC., Uiterwyk Terminal Corporation and Ryan-Walsh Stevedoring Company, Inc., Plaintiffs, v. MV MARE ARABICO, her engines, tackle, etc. and United Brands Company, Defendants. JAN C. UITERWYK CO., INC., Uiterwyk Terminal Corporation and Ryan-Walsh Stevedoring Company, Inc., Plaintiffs, v. MV MARE AUSTRALE, her engines, tackle, etc. and United Brands Company, Defendants.

United States District Court, D. Maryland.

November 7, 1978.

Attorney(s) appearing for the Case

Barrett W. Freedlander and Niles, Barton & Wilmer, Baltimore, Md., for plaintiffs.

Donald C. Greenman and Ober, Grimes & Shriver, Baltimore, Md., for defendants.

MEMORANDUM AND ORDER

ALEXANDER HARVEY, II, District Judge.

These two cases present questions arising under the Federal Maritime Lien Act, 46 U.S.C. §§ 971-975, as amended. The ultimate issue to be determined is whether a loss occasioned by the default of a space charterer who made the initial arrangements for the supplying of necessaries for certain vessels should be borne by the plaintiffs who supplied the necessaries or by the owner and the time...

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