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COAST ENGINE & EQUIPMENT v. SEA HARVESTER, INC.

No. 79-4086.

641 F.2d 723 (1981)

COAST ENGINE AND EQUIPMENT CORPORATION, Appellant, v. SEA HARVESTER, INCORPORATED, a corporation, and M/V SEA HARVESTER, her engines, tackle and appurtenances, Defendants, and J. J. Harvey, United States Marshal, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1981.

Attorney(s) appearing for the Case

James J. Mason, Rovai, McGoffin, Turner & Mason, Tacoma, Wash., for appellant.

Harry J. McCarthy, Asst. U. S. Atty., Seattle, Wash., for appellee.

Before HUG and SCHROEDER, Circuit Judges, and GRANT, District Judge.

GRANT, Senior District Judge:

At issue in this appeal is the proper method of computing the marshal's commission under 28 U.S.C. § 1921 in an in rem admiralty action to foreclose a preferred ship mortgage. Appellant contends that the amount of the commission should be computed in accord with state law pursuant to Rule 69(a) of the Federal Rules of Civil Procedure. Appellee contends that state procedures are inapplicable...

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