B.P. North America Trading, Inc. v. The Vessel Panamax Nova, Etc., and Way Wiser Navigation Corp., Claimant-Appellant
Opinion
Opinion
Duniway, J.
Claimant-appellant Way Wiser Navigation Corporation (Way Wiser) appeals from the district court’s order granting $9,794 in attorneys’ fees to plaintiff-appellee B.P. North America Trading, Inc. (B.P.) in a maritime attachment action. We reverse.
FACTS
On August 29, 1984, B.P. filed a complaint against the vessel PANAMAX NOVA and its owner, Way Wiser, to enforce a maritime lien for fuel oil and services provided to the vessel. On September 7, the United States Marshal arrested the PANAMAX NOVA shortly after its entry into San Francisco Bay.
At the time of the arrest, the ship was carrying a cargo of highly volatile soft coal. Its crew had not received pay for approximately nine months and was experiencing severe morale problems. The crew was also running out of food and water. In order to safeguard the welfare of the ship, its cargo and its crew, the U.S. Marshal supplied food, wages, medical services and immigration assistance to the crew and took steps to prevent the volatile cargo from spontaneously combusting. B.P.’s attorneys assisted and supplemented the Marshal’s efforts.
On September 26, the PANAMAX NOVA was released when Way Wiser agreed to pay the fuel bills at issue…