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SEATTLE-FIRST NAT. BANK v. CONAWAY

No. 95-35757.

98 F.3d 1195 (1996)

SEATTLE-FIRST NATIONAL BANK, Plaintiff-Appellant, v. Roger CONAWAY; Jared Kelley; Randy Stuart; Gregory Haynes, Plaintiffs-Intervenors-Appellees. ST. ELIAS OCEAN PRODUCTS, INC., Claimant, v. LADY LYNNE, Official No. 958807, her engines, machinery, appurtenances, etc.; and, Day Fisheries, Inc., Defendants.

United States Court of Appeals, Ninth Circuit.

Decided October 30, 1996.

Attorney(s) appearing for the Case

John E. Casperson, Philip W. Sanford, Faulkner, Banfield, Doogan & Holmes, Seattle, Washington, for plaintiff-appellant.

Charles W. Ray, Jr., Law Offices of Charles W. Ray, Jr., Anchorage, Alaska, for plaintiffs-intervenors-appellees.

Before BROWNING, D.W. NELSON, and FERNANDEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

Seattle-First National Bank appeals the district court's grant of summary judgment in favor of intervenors Roger Conaway, Jared Kelley, Randy Stuart, and Gregory Haynes (collectively Conaway), in Seattle-First's action to foreclose a preferred marine mortgage on the Vessel Lady Lynne. Because Conaway asserted an in rem claim for seaman's wages, Seattle-First argued that the six-month statute of limitations barred Conaway's claims against...

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