Legal Opinion
Bank of America v. M/V Executive, Official No. 650277
Court of Appeals for the Ninth Circuit
Decided August 18, 1986No. 85-6046PublishedCited by 1 opinion
1Per curiam
The United States Marshal appeals the District Court Order awarding the Marshal only a $500 commission for his role in the foreclosure sale of the M/V Executive. The Marshal contends he is entitled to a full percentage commission under 28 U.S.C. § 1921, and that the District Court did not have discretion to reduce the commission. We agree and, accordingly, reverse the District Court.
I
In September 1984, plaintiff Bank of America filed a complaint to foreclose a preferred ship mortgage on defendant vessel M/V Executive. The United States Marshal arrested the vessel, and a sale, to be conducted…
2Cases cited4 opinions
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- In Re Proceedings Before the Federal Grand Jury for the District of Nevada. United States of America v. Joseph Conforte and Sally ConforteCourt of Appeals for the Ninth Circuit · 1981
- Transamerica ICS, Inc. v. M/V Hellenic SunCourt of Appeals for the Fourth Circuit · 1985
- Coast Engine And Equipment Corporation v. Sea Harvester, IncorporatedCourt of Appeals for the Ninth Circuit · 1981
3Cited by1 opinion
- Bank of America, and Tuna Clipper, in Intervention/appellee v. M/v Executive, Official No. 650277, Her Engines, Tackle, Furniture and Appurtenances M v. Executive, Inc., a California Corporation v. United States Marshal for the Southern District of California and the United States of America, Claimant/appellantCourt of Appeals for the Ninth Circuit · 1986