Wilson L. Harville, D/B/A Harville Yachts v. The Yacht Contessa, Her Engines, Boilers, Tackle, Etc., in Rem, Fari Sabahi, in Personam

988 F.2d 119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Wilson L. HARVILLE, d/b/a Harville Yachts, Plaintiff-Appellant, v. The YACHT CONTESSA, Her Engines, Boilers, Tackle, Etc., In Rem, Fari Sabahi, In Personam, Defendants-Appellees. No. 91-56282. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 2, 1993. Decided March 4, 1993. Appeal from the United States District Court for the Southern District of California; No. CV-91-0158-S, Edward J. Schwartz, District Judge, Presiding. S.D.Cal. REVERSED AND REMANDED. Before HUG, FERGUSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 This case concerns the distribution of proceeds from the sale of the Yacht Contessa pursuant to foreclosure on a secured maritime mortgage. The terms of the mortgage accorded Wilson Harville the right to attorney's fees incurred in exerting his right to retake the vessel and sell it to satisfy certain mortgage obligations if they became overdue. In addition, federal…