Summary
holding that the United States Marshal properly refused to execute a warrant of attachment without prepayment of costs to be incurred
Summary of this case from EFFJOHN INTERNATIONAL CRUISE HOLDINGS v. M/V ENCHANTED ISLEOpinion
No. 75-1924.
January 16, 1976.
Hillord H. Hinson, Houston, Tex., for plaintiff-appellant.
Edward B. McDonough, Jr., U.S. Atty., Jack Shepherd, Asst. U.S. Atty., Houston, Tex., Morton Hollander, Mark Mutterperl, Leonard Schaitmann, Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C., for appellee.
Appeal from the United States District Court for the Southern District of Texas.
Before GODBOLD, DYER and MORGAN, Circuit Judges.
Without prepayment of costs pursuant to 28 U.S.C.A. § 1916, Souyoutzis filed a suit in rem for wages against the M/V Georgios K. Relying on 28 U.S.C.A. § 1921, the Marshal refused to execute the warrant of attachment without a deposit for costs to be incurred. The district court denied relief. We affirm for the reasons explicated in Araya v. McLelland, 5 Cir. 1976, 525 F.2d 1194.
Affirmed.