NATIONAL BANK OF NORTH AMERICA, PLAINTIFF-APPELLEE,
v.
S.S. OCEANIC ONDINE, S.S. CHATHAM, S.S. OCEANIC VICTORY, AND RESOLUTE MARINE ASSOCIATES, LTD., DEFENDANTS, UNITED STATES OF AMERICA, INTERVENOR-APPELLANT
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An unmarried woman who became pregnant by one man, married another, and then gave birth to a child, can bring a paternity action against the man she had intercourse with, even though the child was born during her marriage, because the divorce decree relieved her husband of support duties, implying the child was not legitimate.
An unmarried woman who conceived a child out of wedlock and gave birth during her subsequent marriage can bring a paternity action against the biological father, as the presumption of legitimacy was overcome by the divorce decree relieving the husband of support obligations.
Appellant, V. S., had intercourse with appellee, B. M., became pregnant, and then married another man. She gave birth to a child during this marriage.…
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PER CURIAM:
The primary proceeding below was brought by the National Bank of North America to foreclose a preferred ship’s mortgage on the vessels named in the caption. The United States intervened, seeking priority as the assignee of unpaid wage claims of several seamen and their unions. The United States appeals from the district court’s holding that its claim was for “taxes” and not “wages” and therefore not entitled to priority. The judgment below awarded all remaining funds in the registry of the court to the National Bank of North America.1
We are not persuaded that the lower court reached an erroneous conclusion. The judgment is
Affirmed.
. Reported at 335 F.Supp. 71.