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IN RE SOUTHERN SCRAP MATERIAL CO., LLC

No. 07-30470.

541 F.3d 584 (2008)

In Re: In the Matter of: SOUTHERN SCRAP MATERIAL COMPANY, LLC, As owner of the Southern Scrap Drydock, in a cause of Exoneration from, or Limitation of Liability. Southern Scrap Material Company, LLC, as owner of the Southern Scrap Drydock, Petitioner-Appellant, v. ABC Insurance Company, Respondent, United States of America, Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 25, 2008.

Attorney(s) appearing for the Case

Robert H. Murphy (argued), Peter Brooks Sloss, Murphy, Rogers, Sloss & Gambel, New Orleans, LA, for Petitioner-Appellant.

Michelle Terry Delemarre (argued), Bruce Allan Ross, U.S. Dept. of Justice, Washington, DC, for U.S.

Before WIENER, BARKSDALE, and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

In this interlocutory appeal filed pursuant to 28 U.S.C. § 1292(a)(1), Southern Scrap Material Co., L.L.C. ("Southern Scrap"), contends that the district court erred by entering an order partially lifting and/or modifying the injunction it had previously issued in this limitation of liability action to allow the United States of America (the "United States") to pursue a claim against Southern Scrap outside of the context of the Limitation...

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