Court of Appeals for the Second Circuit April 9, 1964, No. 333, Docket 28499 (Dressler v. MV Sandpiper)

KAUFMAN, Circuit Judge:

This action was brought in Admiralty to foreclose a preferred ship mortgage upon the MV Sandpiper, a vessel owned by respondent Fanale. Although the libel was returnable on June 19, 1963, the respondent failed to file an answer by that date, and on July 18, the libelant moved for a summary judgment, pursuant to Admiralty Rule 58.