Mateo
Mateo v. M/S Kiso
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…