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GOVERNOR AND CO. OF BANK OF SCOTLAND v. SABAY

No. 99-30102.

211 F.3d 261 (2000)

The GOVERNOR AND COMPANY OF THE BANK OF SCOTLAND, Plaintiff-Appellee, v. Hector SABAY, Volodymyr Shevchuk, Norman Solis, Noel Somosierra, Gerry Suyat, et al., Intervenors-Appellants, MARIA S.J. MV, her engines, tackle, lifeboats, anchor, chain, equipment and appurtenances, in rem, et al., Defendants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 2, 2000.

Attorney(s) appearing for the Case

Mary Campbell Hubbard, Antonio J. Rodriguez, Michael Louis Bono, Rice Fowler, New Orleans, LA, Alfred Edward Yudes, Jr. (argued), Watson Farley & Williams, New York City, for Plaintiff-Appellee.

Richard J. Dodson (argued), David C. Vidrine, Dodson & Vidrine, Baton Rouge, LA, for Intervenors-Appellants.

Before JONES, BARKSDALE and DENNIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 2, 2000.

RHESA HAWKINS BARKSDALE, Circuit Judge:

For this 28 U.S.C. § 1292(a)(3) interlocutory appeal, the issue is one of first impression: can a seaman's preferred maritime lien for 46 U.S.C. § 10313(g) "penalty" wages be enforced against the proceeds from the sale of the vessel on which he served, when those proceeds are less than the indebtedness secured by a preferred mortgage for the vessel, and in...

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