Legal Opinion

DiGiovanni v. Kjessler

Court of Appeals for the Ninth Circuit

Decided November 20, 1996No. 95-35910PublishedCited by 7 opinions

1Per curiam

We must decide whether publication of notice of arrest of a vessel satisfies admiralty court rules and the Due Process Clause of the Fifth Amendment.

I

Fishing Vessel Owners & Marine Ways, Inc. (“FVO”) appeals from the district court’s order denying its motion to set aside the default judgment in this admiralty case. The DiGiovanni Family Trust (“DiGiovanni”) ob*78tained the default judgment against the vessel M/V ROYAL PRINCESS and ah persons with potential claims of maritime liens. Pri- or to entry of the default judgment, notice of . the action against the vessel was published in the Seattle…

2Cases cited8 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Schiffahartsgesellschaft Leonhardt & Co. v. A. Bottacchi S.A. De NavegacionCourt of Appeals for the Eleventh Circuit · 1985
  3. Wong Shing v. M/V Mardina TraderCourt of Appeals for the Fifth Circuit · 1977
  4. Loud v. United StatesCourt of Appeals for the Sixth Circuit · 1923
  5. United States v. ZP ChandonCourt of Appeals for the Ninth Circuit · 1989

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3Cited by7 opinions

  1. Bank of America, NT & SA v. PengwinCourt of Appeals for the Ninth Circuit · 1999
  2. 1715 Fleet-Queens Jewels, LLC v. Unidentified Wrecked & Abandoned VessellCourt of Appeals for the Eleventh Circuit · 2017
  3. Ehorn v. Abandoned Shipwreck Known as the Rosinco, Her Tackle, Appurtenances, Furnishings, & CargoDistrict Court, E.D. Wisconsin · 2001
  4. 99 Cal. Daily Op. Serv. 2707, 1999 Daily Journal D.A.R. 3527Court of Appeals for the Ninth Circuit · 1999
  5. ATLANTIC WRECK SALVAGE, LLC v. THE WRECKED AND ABANDONED VESSEL KNOWN AS THE S.S. CAROLINA WHICH SANK IN 1918, HER ENGINES, TACKLE, APPURTENANCES AND CARGODistrict Court, D. New Jersey · 2021

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