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BELCHER OIL CO. v. M/V GARDENIA

No. 84-5607.

766 F.2d 1508 (1985)

BELCHER OIL COMPANY and Belcher Towing Company, Plaintiffs-Appellants, v. M/V GARDENIA, her engines, tackle, appurtenances and cargo; in rem, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 29, 1985.

Attorney(s) appearing for the Case

Leanne J. Frank, Corlett, Killian, Hardeman, McIntosh & Levi, P.A., Miami, Fla., and Hinds & Meyer, Dan H. Hinds, Houston, Tex., for plaintiffs-appellants.

Michael T. Moore, Holland & Knight, and George Mencio, Jr., Miami, Fla., for defendant-appellee.

Before KRAVITCH and HATCHETT, Circuit Judges, and THOMAS, District Judge.

DANIEL HOLCOMBE THOMAS, District Judge:

Appellants Belcher Oil Company and Belcher Towing Company (collectively "Belcher") brought an action in rem against the M/V GARDENIA pursuant to the Federal Maritime Lien Act, 46 U.S.C. § 971, et seq., to recover for necessaries furnished to the M/V GARDENIA. Specifically, Belcher sought to recover the value of towage and bunkering services provided to the vessel upon the charterer's insolvency. Appellee M...

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