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CROPWELL LEASING CO. v. NMS, INC.

No. 92-3927.

5 F.3d 899 (1993)

In re CROPWELL LEASING COMPANY, Etc., et al., Cropwell Leasing Company, As Owner pro hac vice of the M/V SCAUP, and Dravo Basic Materials Company, Inc., As owner pro hac vice of the M/V SCAUP and owner of Barges RM-732, RM-720, RM-727, Petitioners-Appellees, v. NMS, INC., et al., Claimants-Appellees, and United States of America, Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 29, 1993.

Attorney(s) appearing for the Case

David Hutchinson, Michael J. Devine, Trial Attys., Torts Branch, Civ. Div., Dept. of Justice, Washington, DC, for appellant.

T.C.W. Ellis, Richard M. Perles, Faris, Ellis, Cutrone & Gilmore, Robert Collin Evans, Evans & Co., New Orleans, LA, for Cropwell.

Patrick J. Veters, Glenn G. Goodier, Jones, Walker, Waechter, Poitevent, Carrère & Denègre, New Orleans, LA, for NMS and B & H Towing.

Before GARWOOD, DAVIS and SMITH, Circuit Judges.

PER CURIAM:

The United States challenges the district court's dismissal of the government's claim filed in limitation of liability proceedings instituted by Cropwell Leasing Company and Dravo Basic Materials Co., Inc., as owner and chartered owner respectively of the M/V SCAUP. We are persuaded that the government is entitled to pursue its general maritime law claim in this limitation proceeding. We therefore vacate the district court's dismissal of that claim.

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