Opinion
Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.
September 21, 1978.
Robert T. Wakefield, New Orleans, La., for plaintiff-appellant.
Kierr, Gainsburgh, Benjamin, Fallon Lewis, Lawrence S. Kullman, New Orleans, La., for intervenor-appellee.
Appeal from the United States District Court for the Western District of Louisiana.
Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.
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.