William F. Calkins, Owner (Pro Hac Vice) of the Fishing Vessel, Lucky One, in an Action for Limitation of Liability v. Sherry-Lee Graham

Appellant, William F. Calkins (Calkins), appeals from the dismissal of his action to limit his liability for a state judgment to the value of the vessel upon which the cause of action giving rise to the state judgment arose. The district court concluded that Calkins was not the “owner” or “charterer” of the vessel and, therefore, could not use the limitation of liability provisions of 46 U.S.C. §§ 183 and 186.

The vessel in issue, the Lucky One, is a commercial fishing vessel. Pearl A. Calkins (Pearl), Calkins’ mother, held legal title to the Lucky One at all times relevant to this action.

Prior to April of 1977, Pearl agreed to sell the vessel to Calkins or to such third party as he might select. She delivered full possession and control of the vessel to Calkins at that time.

At some time thereafter, Alaska-Oregon Fisheries, Inc. (AOF), agreed to purchase the vessel. Calkins was president of AOF and held 75% of AOF stock. Title was not transferred to AOF at that time.

AOF, through Calkins, immediately entered into a separate oral agreement to sell the vessel to Eileen Bailo (Bailo). Bailo was to pay the purchase price to AOF in installments; the first payment to be made at…