Thurgood Marshall

“ North Pacific, supra, 249 U.S., at 128, 39 S.Ct., at 224 (" [T] here is no difference in character as to repairs made upon . . . a vessel . . . whether they are made while she is afloat, while in dry dock, or while hauled up [on] land. The nature of the service is identical in the several cases, and the admiralty jurisdiction extends to all") . [7] We express no view on whether Exxon is entitled to a maritime lien under the Federal Maritime Lien Act. ”

“ In the transaction at issue here, Exxon acted as Waterman's agent, procuring bunker fuel for the Hooper from Arabian Marine Operating Co. (Arabian Marine) of Jeddah, Saudi Arabia. In October 1983, Arabian Marine delivered over 4,000 tons of fuel to the Hooper in Jeddah and invoiced Exxon for the cost of the fuel. Exxon paid for the fuel and invoiced Waterman, in turn, for $763,644. Shortly thereafter, Waterman sought reorganization under Chapter 11 of the Bankruptcy Code; Waterman never paid the full amount of the fuel bill. ”

“ Pacifica, S.A., 290 F.2d 697, 703-704, and n. 15 (CA5 1961) (holding an agency contract for management and operation of a vessel within admiralty jurisdiction and limiting Minturn to actions for "an accounting as such") . See also Ameejee Valleejee & Sons v. M/V Victoria U., 661 F.2d 310, 312 (CA4 1981) (espousing a "general proposition of law" that a general agent may not invoke admiralty jurisdiction while a special agent can) .↑ As early as 1869, however, this Court narrowed the reach of Minturn and cast doubt on its validity. ”

“ See North Pacific S.S.C.o. v. Hall Bros. Marine Railway & Shipbuilding Co., 249 U.S. 119, 126, 39 S.Ct. 221, 223, 63 L.Ed. 510 (1919) ; Detroit Trust Co. v. The Thomas Barlum, 293 U.S. 21, 47-48, 55 S.Ct. 31, 40, 79 L.Ed. 176 (1934) . ”