Bank of New Orleans and Trust Company v. The Oil Screw Tracy Marie, Etc., Lee-Roy Towing, Inc.
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
Opinion
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.
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