Trans-Tec Asia v. M/V Harmony Container, 9th Cir. Mar. 11, 2008

06-55355 Federal Trans-Tec Asia v. M/V Harmony Container
Before: Alex Kozinski, Chief Judge, A. Wallace Tashima and M. Margaret McKeown, Circuit Judges.
McKEOWN, Circuit Judge: Like many maritime cases, this case involves a foreign-flagged vessel that sailed in and out of United States ports. And, like many maritime cases, because of the geographic scope of the high seas,1 United States law may, in some cases, be applicable to transactions beyond our country’s territorial waters and borders. And, like many maritime cases, the suit here arose against the vessel while it was docked in a United States port. The question we consider is whether a foreign supplier, by supplying fuel to a foreign-flagged vessel in a foreign port under an agreement that United States law applied to the transaction, may obtain a maritime lien under the Federal Maritime Lien Act, 46 U.S.C. § 31301 et seq.Trans-Tec Asia v. M/V Harmony Container.

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