United States Fifth Circuit

A fax confirmation sheet created a rebuttable presumption that defendant delivered the notice and that plaintiff received it. Thus, a prohibition of liens clause is valid and plaintiff can not hold a maritime lien for the services it provided. In rem claims against vessel are dismissed.

Appellate Information

• Decided 06/13/2003
• Published 06/16/2003

Judges

• DeMOSS, Circuit Judge:, Before DUHÉ, EMILIO M. GARZA and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• J. Stephen Simms (argued), Gerber & Simms, Baltimore, MD, for Plaintiff-Appellant.


• For Appellees:
  
• Peter Brooks Sloss (argued), Charles Borden Wallace, Murphy, Rogers & Sloss, New Orleans, LA, for Claimant-Appellee.