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C.I.T. CORP. v. M/V WINCHESTER

Civ. A. No. 85-270-N.

643 F.Supp. 1059 (1986)

C.I.T. CORPORATION v. M/V WINCHESTER, Official Number 236120, together with her engines, tackle, apparel and equipment, in rem; M/V AMELIA ISLE, Official Number 505745, together with her engines, tackle, apparel and equipment, in rem; M/V CALVIN AND DAVID, Official Number 539391, together with her engines, tackle, apparel and equipment, in rem.

United States District Court, E.D. Virginia, Norfolk Division.

September 18, 1986.

Attorney(s) appearing for the Case

Geoffrey F. Birkhead, Crenshaw, Ware & Johnson, Norfolk, Va., Henry P. Bouffard, Jett, Berkley, Furr & Price, Norfolk, Va., for intervening plaintiffs.

Daniel R. Warman, Williams, Worrell, Kelly & Greer, Norfolk, Va., for Tim Daniels.

George L. Hudspeth, Jacksonville, Fla., for C.I.T. Corp.

Michael P. Cotter, Vandeventer, Black, Meredith & Martin, Norfolk, Va., for Leroy and Daniel Whorton.

ORDER

CLARKE, District Judge.

The issue to be decided in this case is whether a preferred fleet mortgage, which incorporates prior mortgage debts held on the vessels as well as a substantial new indebtedness, constitutes a maritime lien superior to that of repairmen and suppliers servicing the vessels in the period of time between the recording of the mortgages on the individual vessels and the recording of the fleet mortgage. The parties have submitted...

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