Maritrend Inc v Serac & Co (Shipping) Ltd (The "Sevilla Wave") - US Court of Appeals (5th Cir) (Wiener, Benavides and Dennis Ct JJ) - 16 October 2003

Admiralty jurisdiction - Plaintiff's provision of stevedoring services to vessel giving rise to federal maritime lien - Whether plaintiff waived lien by relying solely on credit of customer

The plaintiff ("Maritrend") contracted with Serac & Co (Shipping) Ltd ("Serac"), the agent for an undisclosed charterer, to provide stevedoring services to the vessel Sevilla Wave in the Port of New Orleans. Maritrend was never paid for its services, and filed an in personam action against Serac. Maritrend later amended its complaint to add an in rem claim against the Sevilla Wave, which it simultaneously seized. Pimpernel Shipping Co ("Pimpernel") claimed ownership of the vessel and filed an answer to the amended complaint.