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FULCHER'S POINT PRIDE SEAFOOD v. M/V THEODORA MARIA

No. 90-9042.

935 F.2d 208 (1991)

FULCHER'S POINT PRIDE SEAFOOD, INC., Plaintiff-Appellant, Phillips Seafood, Inc., Intervenor, v. M/V "THEODORA MARIA," Her Engines, Boilers, etc., Defendant-Appellee. FULCHER'S POINT PRIDE SEAFOOD, INC., Plaintiff-Appellant, South Atlantic Production Credit Association, Intervening Plaintiff, v. M/V "LADY MARY," Her Engines, Boilers, etc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 5, 1991.

Attorney(s) appearing for the Case

Charles G. Spalding, Brunswick, Ga., for plaintiff-appellant.

George Chamlee, Savannah, Ga., for defendant-appellee.

Before ANDERSON and DUBINA, Circuit Judges, and GIBSON, Senior Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge:

Fulcher's Point Pride Seafood, Inc. ("Fulcher") filed in rem actions pursuant to Fed.R.Civ.P. 9(h) against two fishing vessels, the "Theodora Maria" and the "Lady Mary," seeking maritime liens arising under 46 U.S.C. § 31342 (1988) for the provision of necessaries to the vessels. The vessels were arrested, and the alleged liens later consolidated against only the "Theodora Maria." The vessels' owner, John Caustin...

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