GOLDEN v. OIL SCREW FRANK T. SHEARMAN

No. 71-1739.

455 F.2d 133 (1972)

Bruce GOLDEN et al., Appellants, v. OIL SCREW FRANK T. SHEARMAN (formerly John T. Lillis, formerly Lincoln Park No. 1, formerly Timothy J. O'Byrne), her engines, tackle, etc., in rem, and Tidewater Towing Company, Inc., in personam, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 10, 1972.


Attorney(s) appearing for the Case

Stuart V. Carter, Norfolk, Va. (Breit, Rutter, Montagna & Carter, Norfolk, Va., on brief), for appellants.

George W. Birkhead, Norfolk, Va. (Vandeventer, Black, Meredith & Martin, Norfolk, Va., on brief), for appellees.

Before WINTER, CRAVEN and FIELD, Circuit Judges.


PER CURIAM:

On this appeal the appellant wage claimants challenge the action of the District Court in denying their motion to set aside the sale of the Tug Frank T. Shearman which sale had been made pursuant to an order of the Court incident to a proceeding for enforcement of a preferred ship mortgage under 46 U.S.C.A. § 951. The District Judge based his action primarily upon the failure of appellants to file exceptions to the sale within two days thereafter...

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