S.s. Pacific Ranger and Her Owners, Sea Liberties, Inc., Appellants, v. Richard Bugg, D/b/a Richard Bugg & Company, Appellee, 322 F.2d 250 (5th Cir. 1963)

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.