U.S. v. ZP CHANDON

No. 88-3980.

889 F.2d 233 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. ZP CHANDON, Official No. 650657; ZP Caymus, Official No. 647398; ZP Chalone, Official No. 644531; ZP Condon, Official No. 641296; ZP Montelena, Official No. 652154; ZP Montali, Official No. 653451; In rem; Tractug Associates, Defendants-Appellees, v. Daniel J. BORIOLO; Paul Carter; Kevin Boyle; Norbert Seddon; Mark Alioto; Phil Hammond; Tor Valentinsen; Michael McCarthy; M. Heckel; Scott Fuller; Richard Colonna; Mark Lund; John Becker; Devin Dede; Mike Byrnes; Eric Wallischek; Paul Michna; Eileen Heneghan; Terry Edwards; Arnold Drumm; Tom Evers; Joseph Maggiora; Donald Gates; Tom Power; Harold Jacobson; Steve Rush; Carol Meyers; Keith Kridler; Steven Hamre; Hugh Stephens; Mark Sherman; Steve Mitchell, Plaintiffs-Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 6, 1989.


Attorney(s) appearing for the Case

George H. Luhrs, Seattle, Wash., for plaintiffs-intervenors-appellants.

R. Michael Underhill, Asst. U.S. Atty., Torts Branch, Civ. Div., San Francisco, Cal., for plaintiff-appellee.

Before BROWNING, ALARCON and HALL, Circuit Judges.


ALARCON, Circuit Judge:

The plaintiff-intervenors (the crew members) appeal from the order granting summary judgment to the United States on all claims for seamen's wages filed by the crew members. Judgment was entered pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. The district court concluded that the automatic stay provisions of 11 U.S.C. § 362(a)(4) precluded the creation of a lien for seamen's wages earned after the filing of a petition for...

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