STEEL COILS, INC. v. M/V LAKE MARION

No. 02-30006.

331 F.3d 422 (2003)

STEEL COILS, INC., Plaintiff-Appellee-Cross-Appellant, v. M/V LAKE MARION, her engines, boilers, etc., in rem; Lake Marion, Inc.; and Bay Ocean Management, Inc., in personam, Defendants-Appellants-Cross-Appellees, Western Bulk Carriers K/S Oslo, Defendant-Third Party Plaintiff-Appellant-Cross-Appellee, v. Itochu International, Inc., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 13, 2003.


Attorney(s) appearing for the Case

Christopher E. Carey (argued), Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, for Steel Coils, Inc.

Cynthia Anne Wegmann (argued), Charles F. Lozes, Terriberry, Carroll & Yancey, New Orleans, LA, for Western Bulk Carriers K/S Oslo.

Francis J. Barry, Jr. (argued), Joseph Edward Lee, III, Deutsch, Kerrigan & Stiles, New Orleans, LA, for Itochu Intern., Inc.

Andrew S. de Klerk (argued), Pamela Lynn Schultz, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Defendants-Appellants-Cross-Appellees.

Before HIGGINBOTHAM, EMILIO M. GARZA and DENNIS, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a Carriage of Goods by Sea Act1 claim for rust damage to steel coils which their owner alleges was caused by seawater when shipped from Latvia to the United States on the M/V LAKE MARION. The district court awarded damages against the vessel, its owner, Lake Marion, Inc., its manager, Bay Ocean Management, Inc., collectively the "vessel interests," and the time charterer, Western Bulk Carriers...

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