TRANSAMERICA ICS, INC. v. M/V HELLENIC SUN

No. 84-2220.

778 F.2d 194 (1985)

TRANSAMERICA ICS, INC.; CTI-Container Leasing Corporation; Continental Illinois National Bank & Trust Company of Chicago; National Westminster Bank USA (formerly National Bank of North America) and Banque de la Societe Financiere Europpenne, Plaintiffs, and T. Smith & Son, Inc. and Crescent Towing & Salvage Co., Inc.; Palmetto Shipping & Stevedoring Company, Inc. and Palmetto Stevedoring of Georgia; James L. Hewitt and William H. Rattenbury and Roger E. Donegan and Association of Maryland Pilots; Texaco International Trader, Inc.; A. E. Braendly and R. E. Cox and B. J. Mercereau and E. F. Sweeney, Jr. and J. D. Hasson and James McIntyre and New Jersey Sandy Hook Pilots Benevolent Assoc. and New York Sandy Hook Pilots Benevolent Assoc.; The Hartford Insurance Company, A. I. Marine Adjusters, Inc., Toplis & Harding, Inc., Fireman's Fund Insurance Companies and W. Cox & Co., Recoveries, Ltd.; Atlantic Towing Company; Marine Contracting & Towing Company and Charleston Marine Docking Masters; Charleston Line Handling Corporation; and World Shipping, Inc., Intervening Plaintiffs, and Morgan Guaranty Trust Company of New York, Appellee, v. M/V HELLENIC SUN, her engines, tackle, apparel, etc. and Hellenic Lines, Limited, Defendants. In re UNITED STATES of America on behalf of the UNITED STATES MARSHALS SERVICE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 2, 1985.


Attorney(s) appearing for the Case

David V. Hutchinson, Sr. Admiralty Counsel, Torts Branch, Civil Div., U.S. Dept. of Justice (Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., J. Frederick Motz, U.S. Atty., Baltimore, Md., on brief), for appellant.

James A. Johnson and William R. Dorsey, III (Semmes, Bowen & Semmes, Baltimore, Md., on brief), for appellee.

Before MURNAGHAN, CHAPMAN and SNEEDEN, Circuit Judges.


CHAPMAN, Circuit Judge:

This case arises from a dispute between Morgan Guaranty Trust Co. of New York (Morgan) and the United States over the amount of the United States Marshal's commission on the sale of a container ship. The district court held that 28 U.S.C. § 1921, which fixes the commission at a percentage of the sale price, is so modified by 28 U.S.C. § 1920 that the district court may exercise discretion over the amount of the commission. Having...

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