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389 F.2d 379

Docket No. 21640.

Sellick v. Bell

Ninth Circuit Court of Appeals

Decided Feb. 6, 1968.

Ninth Circuit Court of Appeals · decided 1968-02-06

Cited by 1 later decisions — most recently February 1968

1 federal appellate ·

2 counsel of record

Relies on Foust v. Munson Steamship Lines · Sellick v. Sun Harbor Marina, Inc.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1968-02-06

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¶1*380Brent Sellick, in pro. per.

¶2James J. Biggins, Jr. (argued) of Smith, Biggins & Crockett, San Diego, Cal., for appellee.

¶3Before BARNES, JERTBERG and ELY, Circuit Judges.

¶4PER CURIAM:

¶5Appellant appeals from an order of the District Court affirming the order of the referee in bankruptcy declaring null and void a judgment lien on real property belonging to bankrupts.

¶6The lien arose out of a money judgment obtained by appellant against the bankrupts in a state court action on a conditional sales contract for the unpaid balance of the purchase price of a seagoing vessel sold by appellant to bankrupts. The action was in personam and not in rem against the vessel.

¶7Appellant contends that the lien voided by the order of the referee is a maritime lien which the bankruptcy court is without jurisdiction to pass upon. Appellant’s contention is without merit. See Foust v. Munson Steamship Lines, 299 U.S. 77, 57 S.Ct. 90, 81 L.Ed. 49 (1936), and Sellick v. Sun Harbor Marina, Inc., 9 Cir., 384 F.2d 870, decided October 27, 1967.

¶8Affirmed.

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