Kesselring

Appellant Aizawa K. Gyogyo, a Japanese Corporation, is a third-tier claimant to proceeds from the sale of three fishing vessels: the Arctic Hero, the Northern Hero and the Alaskan Hero. These vessels were arrested and sold in order to satisfy the outstanding claims of unpaid crewmembers, tort creditors and appellant, which held an ownership interest in equipment on board the vessels. Unfortunately, the proceeds from the sale of the vessels are insufficient to satisfy all of these claims.

We have already adjudicated appellant’s rights to these proceeds vis-a-vis representatives of the crewmember class in Kesselring v. F/T Arctic Hero, 30 F.3d 1128 (9th Cir.1994). Appellant had brought this first appeal pursuant to 28 U.S.C. § 1292 (a)(3), which authorizes interlocutory review of district court orders “determining the rights and liabilities of parties to admiralty cases.” Kesselring, 30 F.3d at 1125. We held that appellant’s interest in the res was trumped by the crewmembers’ wage claims and, in reaching this result, rejected appellant’s contention that its equipment was not subject to “preferred maritime wage liens.” Id. at 1125-26. Following our decision, the district court…