Citation Codes Equivalent Citations citation codes Docket Number No. 78-1624 Summary Calendar. Attorney(S) Robert T. Wakefield, New Orleans, La., for plaintiff-appellant. Kierr, Gainsburgh, Benjamin, Fallon Lewis, Lawrence S. Kullman, New Orleans, La., for intervenor-appellee. Judges William Homer Thornberry Alvin Benjamin Rubin See more information ... Smart Summary Please sign up to generate summary. BANK OF NEW ORLEANS AND TRUST COMPANY, PLAINTIFF-APPELLANT, v. THE OIL SCREW TRACY MARIE, ETC., ET AL., DEFENDANTS, LEE-ROY TOWING, INC., INTERVENOR-APPELLEE. PER CURIAM: We affirm on the opinion of the district court, 455 F. Supp. 78, with the following additional comments. The evidence adequately supports the findings that Lee-Roy Towing was a special agent and not a general agent and that it was a real party in interest. We do not understand the court to have held that the presumption of 46 U.S.C. § 971 is irrebuttable; rather it held that the presumption had not been rebutted by appellant's contention that Lee-Roy was a general agent. There is no merit to the contention that the overall purpose of the Ship Mortgage Act, 46 U.S.C. § 911 et seq., and the Maritime Lien Act of 1920, 46 U.S.C. § 971 et seq. requires that the lien for crew wages not be given its usual superiority in this case. AFFIRMED.