Bartholomew

Bartholomew v. Crowley Marine Services Inc.

Good Law
118 F. App'x 271
United States Court of Appeals for the Ninth CircuitDecember 17, 2004No. 04-35159; D.C. No. CV-00-01670-WTMCalifornia540 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Crowley Marine Services, Inc. (“CMS”), a marine transportation company, brings this second appeal from the district court’s allocation of a salvage award. The district court originally awarded CMS as owners of the salving ship, the Sea Voyager, 0% of the $283,203.30 award; it allocated the entire award among the Sea Voyager’s crew. The district court denied CMS a portion of the award because CMS also owned the ship and barge being salvaged by the Sea Voyager. In Bartholomew v. Crowley Marine Services, Inc., 337 F.3d 1083 (9th Cir.2003), we held that it is incorrect to *272 deny CMS a portion of the salvage award solely because it owned both the salving and salvaged vessels. Id. at 1089 . On remand, the district court awarded CMS 10.17% of the award; the remaining 89.83% went to the ship’s crew. Because this new allocation represents an unjustified departure from a normal award allocation range of 50-66% for the owners of the salving vessel, we find that the district court abused its discretion in allocating only 10.17% to CMS. Accordingly, we again reverse and remand.

I

A salvage award that is “grossly excessive or inadequate” may be deemed an abuse of…

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