Rodco Marine Services, Inc. v. Migliaccio

THOMAS A. CLARK, Circuit Judge:

This appeal is from a district court order dismissing appellants’ complaint for limitation of liability on the ground that they “failed to satisfy the condition requiring them to pay or secure all preexisting encumbrances on the vessel M/V Good Boy. 3 Benedict, Admiralty 458 (6th Ed. 1940); Robinson, Admiralty 928, et seq. (1939); Hughes, Admiralty, § 168 (2d Ed. 1920); Gilmore and Black, Admiralty, § 10-48 (2d Ed. 1975).” We hold that the district court erred, and we reverse and remand for further consideration.

The record in the case consists solely of the…