New

Libelant and the respondent Williams, joined by intervener Security First National Bank, have moved to set aside the sale of the vessel RELAXIN, conducted pursuant to orders of this Court. The grounds advanced in support of the motion are (1) that the bank was not given notice of the proceedings herein, as required by Admiralty Rule No. 125 of this Court, and (2) that the sale price was grossly unfair.

The libel in rem and in personam for labor and services rendered was filed March 29, 1962, praying a decree in the amount of $1,072.44, with interest and costs. An alias monition issued on August 21, 1962, and was duly published, commanding the Marshal of this Court to seize the RELAXIN and “to give due notice to all persons claiming the same or knowing or having anything to say why the same should not be condemned and sold pursuant to the prayer of said libel”. The Marshal seized the vessel on August 28th, and on August 30th libelant, through his proctor, and respondent Williams, personally, entered into a stipulation for her release.

On September 10th, no one appearing, default was entered. On September 14th an “Interlocutory Decree Pro Confesso for Want of Answer” was entered.…