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THIELEBEULE v. M/S NORDSEE PILOT

No. 389, Docket 71-2044.

452 F.2d 1230 (1971)

Werner THIELEBEULE et al., Appellants, v. M/S NORDSEE PILOT, Schiffarts, K.G., Defendants.

United States Court of Appeals, Second Circuit.

Decided December 27, 1971.

Attorney(s) appearing for the Case

Ned R. Phillips, New York City (Abraham E. Freedman, New York City, on the brief), for appellants.

Michael J. Pangia, United States Dept. of Justice (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, L. Patrick Gray III, Asst. Atty. Gen., Gilbert S. Fleischer, Dept. of Justice, on the brief), for appellee United States Marshal.

Before MOORE, HAYS and MULLIGAN, Circuit Judges.

HAYS, Circuit Judge:

Appellants, all foreign seamen, instituted an in rem action, pursuant to 46 U.S.C. § 604 (1970), for unpaid wages against the M/S Nordsee Pilot, a ship of German registry. The United States marshal, acting pursuant to a directive of the Department of Justice issued on August 11, 1971, refused to attach the vessel unless appellants prepaid approximately $2,000 representing the "costs" that would be incurred every ten days for safeguarding...

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