BANK OF NEW ORLEANS AND TRUST COMPANY, PLAINTIFF-APPELLANT,
v.
THE OIL SCREW TRACY MARIE, ETC., ET AL., DEFENDANTS, LEE-ROY TOWING, INC., INTERVENOR-APPELLEE
BANK OF NEW ORLEANS AND TRUST COMPANY, PLAINTIFF-APPELLANT,
THE OIL SCREW TRACY MARIE, ETC., ET AL., DEFENDANTS, LEE-ROY TOWING, INC., INTERVENOR-APPELLEE
580 F.2d 808
Court of Appeals for the Fifth Circuit (1978)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM:
We affirm on the opinion of the district court, 455 F.Supp. 78, with the following additional comments.
The evidence adequately supports the findings that Lee-Roy Towing was a special agent and not a general agent and that it was a real party in interest. We do not understand the court to have held that the presumption of 46 U.S.C. § 971 is irrebuttable; rather it held that the presumption had not been rebutted by appellant’s contention that Lee-Roy was a general agent. There is no merit to the contention that the overall purpose of the Ship Mortgage Act, 46 U.S.C. § 911 et seq., and the Maritime Lien Act of 1920, 46 U.S.C. § 971 et seq. requires that the lien for crew wages not be given its usual superiority in this case.
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Int'l Paint Co., Inc. v. M/V Mission Viking, 637 F.2d 382 (5th Cir. 1981)
-
First Nat'l Bank OF Jefferson Parish v. M/V Lightning Power, 776 F.2d 1258 (5th Cir. 1985)
-
First Nat'l Bank OF Jefferson Parish v. M/V Lightning Power, 851 F.2d 1543 (5th Cir. 1988)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)