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BANK OF AMERICA, NT & SA v. PENGWIN

No. 97-36050.

175 F.3d 1109 (1999)

BANK OF AMERICA, NT & SA, formerly Seattle-First National Bank, fdba Seattle First National Bank, aka SeaFirst Bank, Plaintiff-Appellee, v. PENGWIN, Official No. 586183, Defendant, and Fishing Vessel Owners & Marine Ways, Inc., Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 14, 1999.

Attorney(s) appearing for the Case

Gregory J. Lawless, The Lawless Partnership, Seattle, Washington, for intervenor-appellant.

John E. Casperson (argued) and Christopher Y. Kim, Holmes Weddle & Barcott, Seattle, Washington, for plaintiff-appellee.

Before: RYMER and KLEINFELD, Circuit Judges, and MILLER, District Judge.

RYMER, Circuit Judge:

In this appeal we are asked to resolve the priority of various maritime liens against the vessel PENGWIN. Seattle-First National Bank ("Bank")1 caused the vessel to be arrested, and the PENGWIN, together with its fishing rights, were sold at a marshal's auction May 7, 1997. Fishing Vessel Owners & Marine Ways, Inc. ("FVO") intervened. The district court confirmed the sale and determined that the Bank, which had...

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