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MS TABEA SCHIFFAHRTSGESELLSCHAFT v. BD. OF COM'RS

No. 10-30259, Summary Calendar.

636 F.3d 161 (2011)

MS TABEA SCHIFFAHRTSGESELLSCHAFT MBH & CO. KG, Plaintiff, v. BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS, Defendant-Third Party Plaintiff-Appellant, v. United States of America, Defendant-Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 18, 2011.

Attorney(s) appearing for the Case

Joseph P. Tynan , Montgomery Barnett , New Orleans, LA, for Defendant-Third Party Plaintiff-Appellant.

Michael Anthony DiLauro , Michelle Terry Delemarre , U.S. Department of Justice, Washington, DC, for U.S.

Before JOLLY, GARZA and STEWART, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

The Board of Commissioners of the Port of New Orleans ("the Dock Board") appeals from the district court's interlocutory order dismissing the Dock Board's failure to dredge claims against the United States for lack of subject matter jurisdiction. The Dock Board contends that the United States, through the Army Corps of Engineers, had a duty to dredge and properly maintain certain depths in the Mississippi River near the Port of New...

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