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WEST WINDS, INC. v. M.V. RESOLUTE

No. 82-4717.

720 F.2d 1097 (1983)

WEST WINDS, INC., Nautical Electric, Inc., and Schou-Gallis Co., Ltd., Plaintiffs-Appellees, and R. Rothmann, J. Wagner, A. Patterson, G. Valentine, J. O'Laughlan, S. Veal, et al., Applicants-in-Intervention-Appellants, v. M.V. RESOLUTE, and M.V. Pvt. Peters, in rem, and Coast Line Associates, in personam, Defendants-Appellees, and Coast Line Associates, Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 21, 1983.

Attorney(s) appearing for the Case

Richard S. Zuckerman, Washington, D.C., Leonard & Carder, San Francisco, Cal., for applicants-in-intervention-appellants.

Mark J. Kenney, Severson, Werson, Berke & Melchior, San Francisco, Cal., for appellees.

Before ALARCON, CANBY, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

Appellants are 23 seamen and the trustees of their union's trust funds whose motion to intervene of right under Fed.R. Civ.P. 24(a)(2) was denied by the district court. The sole issue on appeal is whether contributions to trust funds created for the benefit of the employees are "wages of the crew" that may serve as the basis for a preferred maritime lien under 46 U.S.C. § 953 (1976). We are compelled by precedent in this circuit to hold...

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