What is appellant's right to claim the proceeds of the sale of the res?

MultiRegion, United States of America

The following excerpt is from Kesselring v. F/T Arctic Hero, 95 F.3d 23 (9th Cir. 1996):

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 1123 (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 entered a final order granting summary judgment in favor of all remaining wage claimants. Appellant now seeks a second bite at the appellate apple. We have jurisdiction under 28 U.S.C. 1291 and affirm.

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