Coast Engine And Equipment Corporation v. Sea Harvester, Incorporated

641 F.2d 723 COAST ENGINE AND EQUIPMENT CORPORATION, Appellant, v. SEA HARVESTER, INCORPORATED, a corporation, and M/V SEA HARVESTER, her engines, tackle and appurtenances, Defendants, and J. J. Harvey, United States Marshal, Appellee. No. 79-4086. United States Court of Appeals, Ninth Circuit. Submitted Dec. 8, 1980. Decided April 6, 1981. 1 James J. Mason, Rovai, McGoffin, Turner & Mason, Tacoma, Wash., for appellant. 2 Harry J. McCarthy, Asst. U. S. Atty., Seattle, Wash., for appellee. 3 Appeal from the United States District Court for the Western District of Washington. 4 Before HUG and SCHROEDER, Circuit Judges, and GRANT, * District Judge. GRANT, Senior District Judge: 5 At issue in this appeal is the proper method of computing the marshal's commission under 28 U.S.C. § 1921 in an in rem admiralty action to foreclose a preferred ship mortgage. Appellant contends that the amount of the commission should be computed in accord with state law pursuant to Rule 69(a) of the Federal Rules of Civil Procedure. Appellee contends that state procedures are inapplicable to in rem admiralty proceedings, and that the marshal's commission should be computed pursuant to the formula…