- 24 - definition of “net proceeds” as a type of proceeds: “The amount received in a transaction minus the costs of the transaction (such as expenses and commissions).--Also termed net balance.” Id.; see also id., Guide to the Dictionary, at xxiii, regarding subentries (“If a term has more than one sense, then the corresponding subentries are placed under the appropriate sense of that term.”). Black’s Law Dictionary defines “profit” as “The excess of revenues over expenditures in a business transaction; gain”, which is generally synonymous with the definition of “net proceeds”. Id. at 1246. In Phelps v. Harris, 101 U.S. 370, 380 (1879), explaining that lands received from the disposition of real estate fall under the definition of “proceeds”, the Supreme Court stated: “Proceeds are not necessarily money. This is * * * a word of great generality.” See Peabody Coal Co. v. Navajo Nation, 75 F.3d 457, 468 (9th Cir. 1996) (holding that Congress intended the term “proceeds” under the Navajo-Hopi Land Settlement Act of 1974 to mean “all economic benefit derived from the minerals”). The parties have not brought to our attention nor have we found through our own research any information that the term “proceeds” is to be interpreted restrictively under the usages of the fishing industry or of maritime law. Indeed, the fishing industry usage that treats the terms “lays” and “profits” as equivalent indicates that the primary meaning of the termPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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