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SALAZAR v. ATLANTIC SUN

No. 88-5979.

881 F.2d 73 (1989)

Captain Manuel SALAZAR and the Crew of the Vessel "ATLANTIC SUN" and Salem Port Authority, Intervenor, and Coast to Coast Trucking, Inc., Intervenor, and Harbor Petroleum, Inc., Intervenor, and The Pilots Association for the Bay and River Delaware, Intervenor, v. The "ATLANTIC SUN," Her Engines, Boilers, Tackle, Appurtenances, etc., in Rem, and Atlantic Sun Ltd., and Resolve Maritime Corp., in Personam. Appeal of ATLANTIC SUN, LTD.

United States Court of Appeals, Third Circuit.

Decided August 3, 1989.

Rehearing Denied August 29, 1989.

Attorney(s) appearing for the Case

Fredric J. Gross (argued), Fredric J. Gross Law Firm, Mount Ephraim, N.J., for appellant.

R. Timothy Swiecicki (argued), Cichanowicz, Callan & Keane, New Providence, N.J., for appellees Captain Manuel Salazar and the Crew of the Vessel "Atlantic Sun".

Francis X. Kelly (argued), Mattioni, Mattioni & Mattioni, Philadelphia, Pa., Stephen J. Galati, Mattioni, Mattioni & Mattioni, Westmont, N.J., for intervenor-appellee Marshall Enterprises, Ltd. and Salem Port Authority.

Before SLOVITER, COWEN, and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this admiralty case, we conclude that the shipowner has failed to substantiate its contention that the district court denied due process by failing to conduct a hearing following the arrest of a vessel. We are also persuaded that the owner waived any right it might have had to release the vessel on bond by not taking action until the day of the hearing to confirm the marshal's sale of the vessel. Accordingly,...

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