Legal Opinion
Governor & Co. of the Bank of Scotland v. Sabay
Court of Appeals for the Fifth Circuit
Decided April 28, 2000No. 99-30102PublishedCited by 24 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
For this 28 U.S.C. § 1292(a)(3) interlocutory appeal, the issue is one of first impression: can a seaman’s preferred maritime lien for 46 U.S.C. § 10313(g) “penalty” wages be enforced against the proceeds from the sale of the vessel on which he served, when those proceeds are less than the indebtedness secured by a preferred mortgage for the vessel, and in the light of the plain language of the penalty wages statute, which imposes liability on only the vessel’s master or owner (if wages not paid, within specified time “without sufficient cause, the…
2Cases cited73 opinions
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Forsyth v. BarrCourt of Appeals for the Fifth Circuit · 1994
- Keene Corp. v. United StatesSupreme Court of the United States · 1993
- Isbrandtsen Co. v. JohnsonSupreme Court of the United States · 1952
- Humana Inc. v. ForsythSupreme Court of the United States · 1999
68 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Okoye v. University of Texas Houston Health Science CenterCourt of Appeals for the Fifth Circuit · 2001
- Securities & Exchange Commission v. Forex Asset Management LLCCourt of Appeals for the Fifth Circuit · 2001
- Madeja v. Olympic Packers, LLCCourt of Appeals for the Ninth Circuit · 2002
- Madeja v. Olympic Packers, LlcCourt of Appeals for the Ninth Circuit · 2002
- Karim v. Finch Shipping Co.Court of Appeals for the Fifth Circuit · 2004
19 more not listed; retrieve them via the Exa API.