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PUERTO RICO DRYDOCK v. MOTOR VESSEL ETC.

No. 84-1244.

746 F.2d 93 (1984)

PUERTO RICO DRYDOCK AND MARINE TERMINALS, INC., Plaintiff, Appellee, v. The MOTOR VESSEL LUISA DEL CARIBE, in rem, her tackle, engines, etc., Defendant, Appellee, Francisco Muniz Pose, Manuel Rodriguez Allo, Fernando Gonzalez Bayolo, Vicente Santiago Paz, Jose Villaverde Fernandez, Jose Martinez Brion, Petitioners, Intervening Plaintiffs-Appellants.

United States Court of Appeals, First Circuit.

Decided October 15, 1984.

Attorney(s) appearing for the Case

Harry A. Ezratty, San Juan, P.R. for petitioners, intervening plaintiffs-appellants.

Allen van Emmerik, Civ. Div., U.S. Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., and Daniel F. Lopez-Romo, U.S. Atty., Hato Rey, P.R., were on brief, for appellee, U.S. Marshal.

Before COFFIN, Circuit Judge, and ALDRICH and SKELTON, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

Appealing intervening plaintiffs, members or former members, of the crew of the M/V LUISA DEL CARIBE, a Panamanian vessel, are proceeding against her, in rem, for claimed unpaid wages. Under 28 U.S.C. § 1916 they are entitled to do so "without prepaying fees or costs or furnishing security therefor." Relying thereupon, they refused the U.S. Marshal's request for advance payment of custodial and insurance expenses which the...

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