Mateo

Mateo v. M/S Kiso

Good Law
41 F.3d 1283·1994 WL 668249
United States Court of Appeals for the Ninth CircuitDecember 1, 1994No. 93-15531California3,888 words

Opinion

Lead Opinion

Leavy, J.

Foreign seamen filed this in rem admiralty action against their foreign flag vessel, with in personam claims asserted against the vessel’s registered-and beneficial owners and operators, claiming that the defendants had failed to pay all wages due the seamen. The district court dismissed the personal claims and, following a bench trial, entered judgment in favor of the vessel on the remaining in rem causes of action. The seamen have timely appealed. We affirm.

FACTS 1 AND PRIOR PROCEEDINGS

This case arose out of what was once a widespread system of double-bookkeeping for paying less than first world union wages to third world — mostly Asian — seamen serving aboard flag of convenience merchant ships. 2 After they were sued in federal court, the shipowners paid the seamen the difference between the latter’s contracted for wages and the amounts they actually re- ' ceived. The case continued, however, and is now on appeal, because of a dispute over whether certain benefits constitute “wages”.

The WS KISO (“KISO”) is a merchant vessel engaged in carrying goods between Japan and the United States. The KISO’s owner of registry is Vesta Company, Ltd. (“Vesta”), a Liberian corporation…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.