Flexivan Leasing, Inc. v. M/V C.C. San Francisco

ORDER RE PLAINTIFFS’ SUMMARY JUDGMENT MOTION TO ESTABLISH MARITIME LIEN

INTRODUCTION

On July 1,1985, in response to defendant Char Yigh Marine (Panama) S.A.’s Renoticed Motion to Compel Plaintiffs In Rem to Justify Maritime Arrests, this Court found that the in rem arrests of the vessell “CC San Francisco” by the container lessor plaintiffs were colorably valid, thereby validating this Court’s continued admiralty jurisdiction over the claims. The Court therefore ordered the matter to proceed, and requested that the container claimants submit motions for summary adjudication under FRCP 56 as to all issues regarding the in rem claims which are not subject to substantial controversy.

The Court now has before it summary judgment motions brought by the container claimants seeking to establish, as a matter of law, that the containers provided to “CC Lines” give rise to maritime liens. This opinion governs the motions of Flexi-van Leasing, Inc. (CV 84-6331), Genstar Container Corporation (CV 84-6175), Interpool Limited (CV 84-6243), Itel Containers International Corporation (CV 84-6175), Nautilus Leasing Services, Inc. (CV 84-6289), and Transamerica ICS, Inc. (CV 84-6289). Although…