CHANCE v. UNITED STATES

No. 17609.

266 F.2d 874 (1959)

Perry Blon CHANCE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 13, 1959.


Attorney(s) appearing for the Case

John F. Bryan, Jr., Albert S. Johnston, III, Donald W. Cumbest, Johnston & Bryan, Pascagoula, Miss., for Perry Blon Chance, appellant.

Lawrence F. Ledebur, Atty., Dept of Justice, Washington, D. C., E. R. Holmes, Jr., Asst. U. S. Atty., Jackson, Miss., Robert E. Hauberg, U. S. Atty., Jackson, Miss., George Cochran Doub, Asst. Atty. Gen., Samuel D. Slade, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before TUTTLE, CAMERON and WISDOM, Circuit Judges.


PER CURIAM.

This is an appeal from a judgment of the trial court, sitting in admiralty, dismissing appellant's libel seeking to establish a maritime lien for his wages as a seaman in relation to certain fishing vessels which were sold under foreclosure proceedings.

In order to be entitled to such a lien superior to a holder of a preferred fleet mortgage, appellant must qualify under Section 30, subsection M, Ship Mortgage Act, 1920, 46 U.S.C.A. § 953...

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