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U.S. v. HUAKAI

Action No. 2:10cv233.

768 F.Supp.2d 832 (2011)

UNITED STATES of America, Plaintiff, and Austal USA LLC; Hornblower Marine Services, Inc., Intervenor-Plaintiffs, v. HUAKAI (O.N. 1215902), its boilers, engines, machinery, masts, spars, rigging, boats, anchors, cables, chains, tackle, tools, bunkers, pumps and pumping equipment, apparel, furniture, fittings and equipment, spare parts, and all other appurtenances, etc., in rem, Defendant.

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

February 28, 2011.

Attorney(s) appearing for the Case

Edmund M. Ferguson, U.S. Department of Justice, Washington, D.C., for Plaintiff.

Richard Hooper Ottinger, Vandeventer Black LLP, Norfolk, VA, Donald Kenneth McLean, Bauer Moynihan & Johnson LLP, Seattle, WA, for Defendant.

Eugene Paul Miller, John Louis Longstreth, Rolf Marshall, K & L Gates LLP, Washington, D.C., for Intervenor-Plaintiffs.

OPINION AND FINAL ORDER

REBECCA BEACH SMITH, District Judge.

This matter comes before the court on the following motions: the United States of America's Motion for Summary Judgment Pursuant to F.R.C.P. 56 and Distribution of Sale Proceeds ("Motion"); Austal USA LLC's Cross-Motion for Summary Judgment ("Austal's Cross-Motion"); and Hornblower Marine Services, Inc.'s Motion for Summary Judgment to Set Priority of Claims ("Hornblower's Cross-Motion"...

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