Conaway

Seattle-First National Bank appeals the district court’s grant of summary judgment in favor of intervenors Roger Conaway, Jared Kelley, Randy Stuart, and Gregory Haynes (collectively Conaway), in Seattle-First’s action to foreclose a preferred marine mortgage on the Vessel Lady Lynne. Because Conaway asserted an in rem claim for seaman’s wages, Seattle-First argued that the six-month statute of limitations barred Conaway’s claims against the vessel. See 46 U.S.C. § 10602 (a). The district court decided that the six-month statute of limitations did not apply to the oral agreements upon which Conaway based his claim and therefore granted summary judgment in his favor. We affirm.

BACKGROUND

Seattle-First filed an action in personam and in rem in which it sought to foreclose its preferred marine mortgage on the Vessel Lady Lynne because of the default on a promissory note by Day Fisheries, Inc. The district court entered judgment by default in favor of Seattle-First and ordered sale of the Lady Lynne.

Conaway was employed aboard the Lady Lynne at various times from 1987 to 1991 solely on the basis of oral agreements; there were no written contracts of employment. On March 5, 1992,…