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RABY v. M/V PINE FOREST

No. 90-35618.

918 F.2d 80 (1990)

Nelson R. RABY, et al., Plaintiffs-Appellees, v. M/V PINE FOREST, In Rem, Delica Shipping, S.A., and Inui Steamship Co., Ltd., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 29, 1990.

Attorney(s) appearing for the Case

Paul N. Wonacott and Kathleen A. McKeon, Wood, Tatum, Mosser, Brooke & Landis, Portland, Or., for defendants-appellants.

Richard J. Dodson, Baton Rouge, La., for plaintiffs-appellees.

Before WALLACE, THOMPSON and FERNANDEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

After a bench trial, the district court found in favor of the plaintiffs and fixed damages in the sum of $32,657,006. Since defendants sought to appeal and wished to stay execution, the district court then set the supersedeas bond at $59,000,000. Of that, $19,613,565 represented penalty wages which would accrue at the rate of $26,152 per day while the case was on appeal. 46 U.S.C. § 10313(g)...

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