Interpool Limited, Plaintiff-appellee, v. Char Yigh Marine (panama) S.a.; Char Ching Marine (h.k.)co., Ltd., Defendants-appellants, 101 F.3d 705 (9th Cir. 1996)

ORDER^* 

This matter comes to us for the third time, returning from the order of remand in Interpool Ltd. v. Char Yigh Marine (Panama) S.A. (Interpool II), Nos. 92-55339, 92-55427 (9th Cir. Mar. 8, 1995) (unpublished memorandum disposition). In that disposition, we held that Char Yigh did not have legal capacity to sue as a third-party claimant to the C.C. San Francisco, and that "Char Yigh's failure in its earlier submissions to predicate an argument, or to file a motion based on Fed. R. Civ. P. 25(c) constitutes a waiver of any such claim."¹  We remanded for the limited purpose of reconsideration of the denial of prejudgment interest. The district court entered a substitute judgment, awarding Interpool prejudgment interest at the rate of 11.98% per annum. Trustees of Char Yigh filed a notice of appeal.

Trustees of Char Yigh never appeared before the district court. The Trustees have never complied with Fed. R. Civ. P. 25(c). They are not, and have never been, a party to this lawsuit. We therefore hold that the Trustees of Char Yigh lack standing or capacity to pursue this appeal. The appeal is therefore DISMISSED.