GUEY v. GULF INS. CO.

No. 94-30403.

46 F.3d 478 (1995)

Patricia Ann GUEY, as owner of the Baron (now known as the Hustler, C.G. La. 2317-E.J.), seeking exoneration from or limitation of liability in re, Patricia Guey, Cross-Claimant-Appellee, v. GULF INSURANCE COMPANY, Cross-Defendant-Appellee, Shirley Perkins, individually and on behalf of Michael Penn, Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 2, 1995.


Attorney(s) appearing for the Case

Victor L. Marcello, Talbot, Carmouche, Marchand, Marcello & Parenton, P.C., Gonzales, LA, for appellants.

Ernest L. O'Bannon and Hugh M. Glenn, Jr., Bienvenu, Foster, Ryan & O'Bannon, New Orleans, LA, for Patricia Guey.

Raymond C. Burkhart, Jr., New Orleans, LA, for Patricia Guey and Louis Butz.

Patrick A. Juneau and Barry L. Domingue, the Juneau Firm, Lafayette, LA, for Gulf Ins.

Before VAN GRAAFEILAND, JOLLY and WIENER, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

The question presented in this case is whether, under 46 U.S.C.App. § 185, in a limitation of liability proceeding, the failure to post bond in an amount equal to the owner's interest in the vessel within six months following notice of a claim is jurisdictional. We hold that it is not jurisdictional.

I

On July 4, 1992, a boat own by Patricia Ann Guey, and operated by Louis Butz collided with another boat operated...

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