Legal Opinion
Humberto Silva Araya v. Clayburne A. McLelland United States Marshal
Court of Appeals for the Fifth Circuit
Decided January 16, 1976No. 75--1267PublishedCited by 30 opinions
1Opinion of the Court
DYER, Circuit Judge:
The district court denied Araya’s Petition for a Writ of Mandamus to compel the United States Marshal to attach a motor vessel without prepayment of attachment fees. We agree with the district court that the United States Marshal is under no statutory duty to attach the vessel without prepayment of attachment fees, and affirm.
Araya, a crewman aboard the M/V Gemini, instituted suit against the vessel and its owners for unpaid wages. A warrant of arrest was directed to the United States Marshal, directing him to attach the vessel and hold it in his custody. Relying upon 28…
2Cases cited7 opinions
- Morton v. MancariSupreme Court of the United States · 1974
- United States v. Second National Bank of North MiamiCourt of Appeals for the Second Circuit · 1974
- International Union of Electrical, Radio and MacHine Workers, Afl-Cio v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1960
- Werner Thielebeule v. M/s Nordsee Pilot, Schiffarts, K.G.Court of Appeals for the Second Circuit · 1971
- Adamowski v. BardCourt of Appeals for the Third Circuit · 1952
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
- United States v. Charles George Trucking Co., Charles George, Sr. And Dorothy GeorgeCourt of Appeals for the First Circuit · 1987
- Chad Barnes v. Sea Hawaii Rafting, LLCCourt of Appeals for the Ninth Circuit · 2018
- Zale Corp. v. United States Internal Revenue ServiceDistrict Court, District of Columbia · 1979
- Massachusetts Financial Services, Inc. v. Securities Investor Protection Corp.Court of Appeals for the First Circuit · 1976
25 more not listed; retrieve them via the Exa API.