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The First National Bank of Boston v. Beckwith MacHinery Company, Intervenor-Appellant v. Viking Maritec, Inc.

Citations: 26 F.3d 580; 24 U.C.C. Rep. Serv. 2d (West) 662; 1994 U.S. App. LEXIS 18634; 1994 WL 321039Docket: 93-3631

Court: Court of Appeals for the First Circuit; July 22, 1994; Federal Appellate Court

Narrative Opinion Summary

This case examines a priority dispute under Louisiana law between secured and unsecured creditors involved in the financing and construction of a towboat. The parties are First National Bank of Boston (FNBB), holding a perfected UCC security interest, and Beckwith Machinery Company, claiming a civil law privilege as a supplier of ship-building materials. FNBB financed the purchase of the vessel and secured its interest through a Louisiana Ship Mortgage and Security Agreement. Beckwith, having provided essential components for the vessel, contended that its privilege should take precedence. The federal district court ruled in favor of FNBB, asserting that its perfected security interest supersedes Beckwith's claim. Beckwith challenged this decision, leading the United States Court of Appeals for the Fifth Circuit to certify the question to the Supreme Court of Louisiana. This certification seeks guidance on whether state law favors the priority of Beckwith’s privilege or FNBB’s UCC security interest. The resolution of this issue by the Louisiana Supreme Court will determine the appeal's outcome, with both parties consenting to the certification process.

Legal Issues Addressed

Certification of Legal Question to State Supreme Court

Application: The United States Court of Appeals for the Fifth Circuit certified a priority dispute question to the Supreme Court of Louisiana due to the lack of existing precedent under Louisiana law.

Reasoning: The United States Court of Appeals for the Fifth Circuit certified the question of priority to the Supreme Court of Louisiana, emphasizing the need for a ruling on this matter under state law, as no prior Louisiana court decision addressed this issue.

Civil Law Privilege for Suppliers of Ship-Building Materials

Application: Beckwith Machinery Company asserted a claim for priority based on its civil law privilege as a supplier of engines and machinery for the construction of the towboat.

Reasoning: Beckwith, which supplied engines and machinery for the towboat, intervened to assert its claim for priority under Louisiana law, which grants privileges to suppliers of ship-building materials.

Priority of Security Interests under UCC and Louisiana Law

Application: The federal district court determined that the First National Bank of Boston's perfected UCC security interest in the towboat takes precedence over Beckwith Machinery Company's materialman's privilege under Louisiana law.

Reasoning: The federal district court ruled that FNBB's perfected UCC security interest took precedence over Beckwith's materialman's privilege.