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LUERA v. M/V ALBERTA

No. 10-20002.

635 F.3d 181 (2011)

Melinda LUERA, Plaintiff-Appellee, v. M/V ALBERTA, Its engines, tackle, apparel, equipment, furniture, accessories, appurtenances, etc., in rem, Samos Shipping Co. Ltd., In Personam, White Dolphin Enterprises, Inc., Defendants-Appellants. Melinda Luera, Plaintiff-Appellee, v. Samos Shipping Co. Ltd., In Personam, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 7, 2011.

Attorney(s) appearing for the Case

Dennis L. Brown (argued), Houston, TX, for Luera.

Derek A. Walker , Douglas L. Grundmeyer , Jessica Kesler Woodruff , Chaffe McCall, L.L.P., New Orleans, LA, Ivan Mauricio Rodriguez (argued), Chaffe McCall, L.L.P., Houston, TX, for Defendants-Appellants.

Before KING, STEWART and OWEN, Circuit Judges.

KING, Circuit Judge:

Melinda Luera, a longshore worker, was injured while performing her job duties in the Port of Houston. Luera brought claims against two vessels, in rem, asserting admiralty jurisdiction. In the same complaint, Luera also brought claims against the owners and managers of those vessels, in personam, asserting diversity jurisdiction and demanding a jury trial. The district court, over the defendants' objection, ordered that all of Luera...

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