Bank of New Orleans and Trust Company v. The Oil Screw Tracy Marie, Etc., Lee-Roy Towing, Inc., Intervenor-Appellee
U.S. Court of Appeals for the Fifth Circuit
Bank of New Orleans and Trust Company v. The Oil Screw Tracy Marie, Etc., Lee-Roy Towing, Inc., Intervenor-Appellee, 580 F.2d 808 (5th Cir. 1978)
1978 U.S. App. LEXIS 8856; 1979 A.M.C. 646
Bank of New Orleans and Trust Company v. The Oil Screw Tracy Marie, Etc., Lee-Roy Towing, Inc., Intervenor-Appellee
Opinion
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.
Reference
- Full Case Name
- 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
- Cited By
- 4 cases
- Status
- Published