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BANK OF AMERICA v. M/V EXECUTIVE

No. 85-6046.

797 F.2d 772 (1986)

BANK OF AMERICA, Plaintiff/Appellee, and Tuna Clipper, Plaintiff in Intervention/Appellee, v. M/V EXECUTIVE, Official No. 650277, her engines, tackle, furniture and appurtenances; M.V. Executive, Inc., a California corporation, Defendants/Appellees, v. UNITED STATES MARSHAL FOR the SOUTHERN DISTRICT OF CALIFORNIA AND the UNITED STATES of America, Claimant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 18, 1986.

Attorney(s) appearing for the Case

L.B. Chip Edleson, Gray, Cary, Ames & Frye, L. Adam Weiner, Finley, Kumble, Wagner, et al., David Tiffany, Michael R. Adkins, Adkins, Fuhrman & Holthaus, San Diego, Cal., for plaintiff/appellee.

Phillip A. Berns, Dept. of Justice, San Francisco, Cal., for claimant/appellant.

Before HUG, FLETCHER, Circuit Judges, and GEORGE, District Judge.

PER CURIAM:

The United States Marshal appeals the District Court Order awarding the Marshal only a $500 commission for his role in the foreclosure sale of the M/V Executive. The Marshal contends he is entitled to a full percentage commission under 28 U.S.C. § 1921, and that the District Court did not have discretion to reduce the commission. We agree and, accordingly, reverse the District Court.

I.

In September 1984, plaintiff Bank of America...

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