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MAGNOLIA MARINE TRANSPORT v. LAPLACE TOWING CORP.

No. 91-3154.

964 F.2d 1571 (1992)

In the Matter of MAGNOLIA MARINE TRANSPORT CO., INC., Mississippi Marine Transport Company, Third Party Plaintiff, v. LAPLACE TOWING CORPORATION, et al., Third Party Defendants, Barbara Bordelon FRYE and E.N. Bisso & Sons, Inc., Claimants-Appellants, v. MAGNOLIA MARINE TRANSPORT. CO., INC., et al., Defendants-Appellees. MAGNOLIA MARINE TRANSPORT. CO., INC., et al., Plaintiffs-Appellees, v. Barbara Bordelon FRYE, etc., and E.N. Bisso & Sons, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 25, 1992.

Attorney(s) appearing for the Case

Thomas Kesasler Foutz, Gauthier & Murphy, Metairie, La., for Frye.

Samuel F. Reynolds, Jr. and Charles E. Lugenbuhl, Lugenbuhl, Burke, Wheaton, Peck & Rankin, New Orleans, La., for E.N. Bisso & Sons.

Ernest Tucker Gore, Henderson, Dantone & Hines, Greenville, Miss., for appellees.

Before REAVLEY, HIGGINBOTHAM and DEMOSS, Circuit Judges.

REAVLEY, Circuit Judge:

The district court has decided that the underwriters of a vessel owner's marine insurance policy has standing under the Limited Liability Act to demand that the federal court interpret whether the policy limited the underwriters' liability to the amount of the owner's liability. The district court then refused to permit claimants to proceed in state court against the owner and underwriters without specifically conceding the right of the underwriters...

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