Bank of New Orleans & Trust Co. v. The Oil Screw Tracy Marie, Etc., Lee-Roy Towing, Inc., Intervenor-Appellee, 580 F.2d 808 (5th Cir. 1978). · Go Syfert
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Bank of New Orleans & Trust Co. v. The Oil Screw Tracy Marie, Etc., Lee-Roy Towing, Inc., Intervenor-Appellee, 580 F.2d 808 (5th Cir. 1978). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: First Nat'l Bank of Jefferson Par. v. M/v Lightning Power, Eagle Fleet, Inc., Intervenor-Appellant, 776 F.2d 1258 (1st Cir. 1985)
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BANK OF NEW ORLEANS AND TRUST COMPANY, Plaintiff-Appellant,
v.
the OIL SCREW TRACY MARIE, Etc., Et Al., Defendants, Lee-Roy Towing, Inc., Intervenor-Appellee
78-1624.
Court of Appeals for the Fifth Circuit.
Sep 21, 1978.
Published opinion
580 F.2d 808
1978 U.S. App. LEXIS 8856
Robert T. Wakefield, New Orleans, La., for plaintiff-appellant., Kierr, Gainsburgh, Benjamin, Fallon & Lewis, Lawrence S. Kullman, New Orleans, La., for intervenor-appellee.
Thornberry, Godbold, Rubin.
Cited by 4 opinions  |  Published
PER CURIAM:

We affirm on the opinion of the district court, 455 F.Supp. 78, with the following additional comments.

The evidence adequately supports the findings that Lee-Roy Towing was a special agent and not a general agent and that it was a real party in interest. We do not understand the court to have held that the presumption of 46 U.S.C. § 971 is irrebuttable; rather it held that the presumption had not been rebutted by appellant’s contention that Lee-Roy was a general agent. There is no merit to the contention that the overall purpose of the Ship Mortgage Act, 46 U.S.C. § 911 et seq., and the Maritime Lien Act of 1920, 46 U.S.C. § 971 et seq. requires that the lien for crew wages not be given its usual superiority in this case.

AFFIRMED.