Legal Opinion
The Port of Tacoma, a Municipal Corporation v. S.S. Duval, Formerly S.S. Mount Rainier, Etc.
Court of Appeals for the Ninth Circuit
Decided August 8, 1966No. 19919_1PublishedCited by 20 opinions
1Opinion of the Court
DUNIWAY, Circuit Judge:
This case presents a conflict between a claim of lien by the Port of Tacoma and a “no lien” clause in a charter party. There is no dispute as to the facts. The court rendered a summary judgment in favor of the ship owner and the Port appeals. We affirm.
The lien claim arises under a tariff establishing charges for wharfage and cargo handling services, which also contains the language set out in the margin. 1 The services were rendered to the S.S. Duval at a time when she was under bareboat charter containing a no lien clause. 2 The Port of Tacoma did not know of these…
2Cases cited6 opinions
- United States v. CarverSupreme Court of the United States · 1923
- Dampskibsselskabet Dannebrog v. Signal Oil & Gas Co. of Cal.Supreme Court of the United States · 1940
- Pacific S. S. Co. v. CacketteCourt of Appeals for the Ninth Circuit · 1925
- The Western WaveCourt of Appeals for the Fifth Circuit · 1935
- United States v. S.S. Lucie SchulteCourt of Appeals for the Second Circuit · 1965
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3Cited by20 opinions
- Societa Per Azioni De Navigazione Italia v. City of Los AngelesCalifornia Supreme Court · 1982
- Komatsu Ltd. v. States Steamship Co.Court of Appeals for the Ninth Circuit · 1982
- Federal Commerce & Navigation Co., Ltd. v. Calumet Harbor Terminals, Inc.Court of Appeals for the Seventh Circuit · 1976
- 96 Cal. Daily Op. Serv. 9041, 96 Daily Journal D.A.R. 14,994 Comsource Independent Foodservice Companies, Inc., a Georgia Corporation v. Union Pacific Railroad Company, a Utah CorporationCourt of Appeals for the Ninth Circuit · 1996
- Insurance Company of North America v. Puerto Rico Marine Management, Inc.Court of Appeals for the First Circuit · 1985
15 more not listed; retrieve them via the Exa API.