Mosher

Appellant instituted this admiralty proceeding by filing a libel against the “otter trawl” fishing boat Fearless seeking the recovery of wages alleged to be due appellant and his three assignors, all members of the crew of the Fearless. The boat was arrested by the marshal pursuant to a warrant of arrest and monition issued by the court. Appellees, owners of the vessel,, answered as claimants. They denied that any indebtedness was due appellant or his assignors and alleged as an affirmative defense that the members of the crew were engaged to operate the Fearless under an oral agreement which was subject to the terms of a standard fishermen’s union contract. A copy of this contract was attached to the answer and incorporated by reference. It provides, generally, that the crew is to be paid 60% of the net proceeds of the season’s catch (after the deduction of certain expenses) Appellees alleged that the crew engaged in fishing operations for one short voyage and then voluntarily left the employment of the boat.

Appellees further alleged, by way of “cross-libel,” four causes of action seeking recovery of monies alleged to be due them by appellant and his assignors. The findings and…