Legal Opinion
Bank of America, NT & SA v. Pengwin
Court of Appeals for the Ninth Circuit
Decided April 14, 1999No. 97-36050PublishedCited by 33 opinions
1Opinion of the Court
RYMER, Circuit Judge:
In this appeal we are asked to resolve the priority of various maritime liens against the vessel PENGWIN. Seattle-First National Bank (“Bank”)1 caused the vessel to be arrested, and the PENGWIN, together with its fishing rights, were sold at a marshal’s auction May 7, 1997. Fishing Vessel Owners & Marine Ways, Inc. (“FVO”) intervened. The district court confirmed the sale and determined that the Bank, which had recorded two preferred ship mortgages before FVO had completed work on the vessel that gave rise to a necessaries lien, as well as a series of mortgages…
2Cases cited17 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- Margolis v. RyanCourt of Appeals for the Ninth Circuit · 1998
- Republic National Bank of Miami v. United StatesSupreme Court of the United States · 1992
- Garrett v. City & County of San FranciscoCourt of Appeals for the Ninth Circuit · 1987
12 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Slatkin v. NeilsonCourt of Appeals for the Ninth Circuit · 2008
- Gail Michelman v. Lincoln National Life InsurancCourt of Appeals for the Ninth Circuit · 2012
- Continental Insurance v. Thorpe Insulation Co.Court of Appeals for the Ninth Circuit · 2012
- Gowen, Inc. v. F/V Quality OneCourt of Appeals for the First Circuit · 2001
- Marentes v. State Farm Mutual Automobile Insurance Co.District Court, N.D. California · 2016
28 more not listed; retrieve them via the Exa API.