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PORT OF TACOMA v. S.S. DUVAL

No. 19919.

364 F.2d 615 (1966)

The PORT OF TACOMA, a municipal corporation, Appellant, v. S.S. DUVAL, Formerly S.S. Mount Rainier, etc., Appellee.

United States Court of Appeals Ninth Circuit.

August 8, 1966.

Attorney(s) appearing for the Case

James J. Mason, of Binns, Petrich & Mason, Tacoma, Wash., for appellant.

Charles B. Howard, Robert J. Stowell, Richard W. Buchanan, of Summers, Howard & LeGros, Seattle, Wash., for appellee.

Before HAMLEY, MERRILL and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

This case presents a conflict between a claim of lien by the Port of Tacoma and a "no lien" clause in a charter party. There is no dispute as to the facts. The court rendered a summary judgment in favor of the ship owner and the Port appeals. We affirm.

The lien claim arises under a tariff establishing charges for wharfage and cargo handling services, which also contains the language set out in the margin.1

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