Legal Opinion

Setera v. F/V Olympic, Official No. 516728

District Court, W.D. Washington

Decided February 19, 1980No. C80-133BPublishedCited by 1 opinion

1Opinion of the Court

ORDER DENYING MOTION TO DIRECT MARSHAL TO EXECUTE PROCESS

BEEKS, Senior District Judge.

This is an admiralty action in rem and in personam for wages instituted by a crew member of a fishing vessel. According to the complaint, plaintiff served as engineer on F/V OLYMPIC, and now seeks base and bonus pay computed on a percentage of the vessel’s catch, a method commonly called lay-share.

As provided in 28 U.S.C. § 1916, Clerk of this court did not require filing fees from plaintiff to commence the action. The U. S. Marshal has served process on one of the in personam defendants, but, relying on 28…

2Cases cited4 opinions

  1. Humberto Silva Araya v. Clayburne A. McLelland United States MarshalCourt of Appeals for the Fifth Circuit · 1976
  2. Werner Thielebeule v. M/s Nordsee Pilot, Schiffarts, K.G.Court of Appeals for the Second Circuit · 1971
  3. Cohn v. GeorgeDistrict Court, E.D. Illinois · 1968
  4. Souyoutzis v. M/V Georgios KCourt of Appeals for the Fifth Circuit · 1976

3Cited by1 opinion

  1. Lindsey v. Solutions Exchange, Inc. (In Re Lindsey)United States Bankruptcy Court, N.D. Georgia · 1995

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