Maryland National Bank, Matthew O. Jones, Claimant-Appellant v. The Vessel Madam Chapel, Etc.

101 F.3d 706 1997 A.M.C. 608 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. MARYLAND NATIONAL BANK, Plaintiff-Appellee, Matthew O. Jones, Claimant-Appellant, v. The VESSEL MADAM CHAPEL, etc., Defendant. No. 95-55964. United States Court of Appeals, Ninth Circuit. Submitted Nov. 8, 1996. * Decided Nov. 14, 1996. 1 Before: FERNANDEZ and HAWKINS, Circuit Judges, and SCHWARZER, ** Senior District Judge. 2 MEMORANDUM *** 3 This is an appeal from the district court's order granting summary judgment for plaintiff. It is the second time this case has come to this court. The earlier opinion lays out the facts. See Maryland Nat. Bank v. Vessel Madam Chapel, 46 F.3d 895 , 897-98 (9th Cir.1995). They are, in substance, as follows: Chapel bought the vessel MADAM CHAPEL with funds borrowed from Key Financial Services secured by a preferred ship's mortgage on the vessel. He was obligated to obtain a state certificate of title, deliver it to Key, and have Key's security interest noted on…