Coast Engine & Equipment Corp. v. Sea Harvester, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
GRANT, Senior District Judge:
At issue in this appeal is the proper method of computing the marshal’s commission under 28 U.S.C. § 1921 in an in rem admiralty action to foreclose a preferred ship mortgage. Appellant contends that the amount of the commission should be com*725puted in accord with state law pursuant to Rule 69(a) of the Federal Rules of Civil Procedure. Appellee contends that state procedures are inapplicable to in rem admiralty proceedings, and that the marshal’s commission should be computed pursuant to the formula set forth in 28 U.S.C. § 1921.
I
The facts in this ease are not…
2Cases cited7 opinions
- Travelers Insurance Company v. LawrenceCourt of Appeals for the Ninth Circuit · 1974
- The Cesare AugustoDistrict Court, N.D. California · 1941
- Federal Land Bank Of St. Paul v. Terry HasslerCourt of Appeals for the Sixth Circuit · 1979
- James T. Barnes & Company v. United States of AmericaCourt of Appeals for the Eighth Circuit · 1979
- City of St. IgnaceDistrict Court, N.D. Ohio · 1927
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3Cited by2 opinions
- Coast Engine And Equipment Corporation v. Sea Harvester, IncorporatedCourt of Appeals for the Ninth Circuit · 1981
- 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