Schirmer Stevedoring Co. v. Seaboard Stevedoring Corp.

These are appeals from a final judgment in an interpleader action brought under the Federal Interpleader Act ( 28 U.S.C. §§ 1335 , 1397 and 2361). The interpleading plaintiff, Marine Chartering Company (Marine), is a voyage charterer of the vessel, Areti S. Claimants are the owners of the vessel, N. J. Goulandris, Ltd., et al. (Owners), an assignee, Financiera Peruana, S.A. (Financiera), of a time charterer of the vessel, Naviera Andes Peruana, S.A. (Navandes), and a stevedoring company which rendered stevedoring services to Navandes, the Schirmer Stevedoring Company (Schirmer). Six other claimants in the court below have not appealed. The court awarded Owners the $48,337.61 deposited by Marine, and out of this awarded $91.79 costs and $5,000 attorney’s fees to Marine. Schirmer and Financiera appeal from the judgment awarding the deposit to Owners and Owners appeal from the order allowing Marine attorney’s fees and refusing to allow Owners, as prevailing parties, to recover the attorney’s fees as costs against the losing claimants. Marine asks that it be awarded attorney’s fees for this appeal. This request we are denying. We have jurisdiction under 28 U.S.C. §§ 1291 , 1294(1). On…