FOX v. SOUTHERN SCRAP EXPORT CO., LTD.

No. 92-CC-2778.

618 So.2d 844 (1993)

Rodney L. FOX v. SOUTHERN SCRAP EXPORT CO., LTD., et al.

Supreme Court of Louisiana.

May 24, 1993.


Attorney(s) appearing for the Case

Philip F. Cossich, Jr., Stephen M. Wiles, George Pivach, II, Pivach, Cossich & Pivach, Belle Chasse, for applicant.

James B. Kemp, Jr., Michael F. Walther, David B. Sharpe, Phelps Dunbar, Timothy F. Burr, Edward S. Rapier, Jr., David Perry Salley, Jack Marks Alltmont, Lisa A. Condrey, New Orleans, Michael Royce Sistrunk, Metairie, for respondent.


HALL, Justice.*

The issue presented by this case is whether plaintiff's claim for damages to his leased oyster beds caused by vessels operating in navigable waters is a claim in admiralty or maritime law so as to entitle plaintiff to demand a non-jury trial under the provisions of LSA-C.C.P. art. 1732(6). Affirming the district court, the court of appeal held that the matter was one exclusively governed by state law and denied plaintiff...

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