JEFFERSON BANK & TRUST CO. v. VAN NIMAN

No. 83-3123.

722 F.2d 251 (1984)

JEFFERSON BANK & TRUST COMPANY, Plaintiff-Appellee, v. Harald VAN NIMAN and Kenneth G. Madden, Intervenors-Appellants, v. The VESSEL CAPTAIN SONNY I, Now Known as Elizabeth Anne, Calco Marine Services, Inc. and Frank C. Calmes, Defendants.

United States Court of Appeals, Fifth Circuit.

January 12, 1984.


Attorney(s) appearing for the Case

Fine, Waltzer & Begneris, Bruce C. Waltzer, Thomas M. Derose, New Orleans, La., for intervenors-appellants.

Newman & Drolla, Robert T. Wakefield, Joseph E. Fick, Jr., New Orleans, La., for plaintiff-appellee.

Before RUBIN and RANDALL, Circuit Judges, and MITCHELL, District Judge.


PER CURIAM:

Two seamen who had filed a wage claim against a vessel seek to set aside the sale of the vessel to the holder of a preferred ship mortgage and to obtain an order requiring a new sale with a minimum bid sufficient to satisfy their wage claim. The suggestion having been made that the case may be moot as a result of the resale of the vessel by the mortgagee, we remand it for proceedings to determine whether it is moot, and, if it is not, for further proceedings...

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