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GULF ISLAND-IV, INC. v. BLUE STREAK-GULF IS OPS

No. 93-3539.

24 F.3d 743 (1994)

GULF ISLAND-IV, INC. and Gulf Island IV a/k/a La Prt, Plaintiffs-Appellants, v. BLUE STREAK-GULF IS OPS a/k/a Blue Streak Inc., et al. and Lloyds Underwriters of London, Underwriters at Lloyds, London subscribing to policy No. MC9792SAH, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 5, 1994.

Attorney(s) appearing for the Case

John T. Nesser, III, Liane K. Hinrichs, Elton A. Foster, Nesser, King & LeBlanc, New Orleans, LA, for appellants.

Steven J. Koehler, Richard K. Leefe, Leefe, Gibbs & Koehler, Metairie, LA, for Blue Streak, et al.

Charles M. Steen, Stephanie G. McShane, Phelps Dunbar, New Orleans, LA, for Lloyds Underwriters.

Before REAVLEY, JONES and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

The appellants, "Gulf Island," appeal from the district court's entry of summary judgment based upon res judicata. The appeal involves an attack on the district court's application of the doctrine of res judicata. We reverse.

I. FACTS AND PROCEDURAL HISTORY

In June 1985, the vessel L/B GULF ISLAND IV capsized in the Gulf of Mexico and suffered severe damage. In October 1985, after the vessel had been repaired, Hurricane...

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