S.S. Pacific Ranger and Her Owners, Sea Liberties, Inc. v. Richard Bugg, D/B/A Richard Bugg & Company

322 F.2d 250, 1963 U.S. App. LEXIS 4729, 1964 A.M.C. 115

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 3, 1963
• Docket: 20160_1
• Status: Published

Opinion

HUTCHESON, Judge.

This appeal on a small record presents the single question whether there was sufficient evidence to support the findings and conclusions of the district judge, 1 that the evidence was sufficient to support his decree awarding libellant a lien for $2500 as advance for payment of crew’s wages.

We think it clear, upon the evidence as a whole, that the district judge’s findings are not clearly erroneous and his conclusions that a lien should be awarded is correct. Indeed, when the evidence, most of which is set out in substance in the judge’s findings, is considered, it would be a denial of justice in this case to set aside the decree on the ground that the findings and conclusions were clearly erroneous.

In Findley v. Lanassa, 5 Cir., 276 F.2d 907, this court affirmed the judgment of the district court, finding the evidence sufficient to support the payment of, and awarding a maritime lien for, crew’s wages, when the evidence was less explicit and convincing than it is here. I dissented in that case, but I am now of the opinion that my view there was too restrictive and that the majority was correct in holding the evidence sufficient to establish payment for crew’s wages and awarding a lien therefor.

The facts in this case are stronger and more compelling than they were in the Findley case. The judgment is therefore

Affirmed.

1 . Bugg v. SS Pacific Ranger, etc., U.S.D.C.S.D.Tex., Admiralty # 283, July 27, 1962.