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COMPLAINT OF TOM-MAC, INC.

No. 95-20125.

76 F.3d 678 (1996)

In re in the Matter of the Complaint of TOM-MAC, INC., as Owner of the M/V Marcon I, Official No. :524371, For Exoneration from or Limitation of Liability. TOM-MAC, INC., Plaintiff-Appellee, v. Rosa BIELA, et al., Claimants-Appellants, and Julitta Jo Phillips, Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 5, 1996.

Attorney(s) appearing for the Case

Michael B. Hughes, Galveston, TX, Charles M. Brackett, Houston, TX, Michele Barber Chimene, Douglas W. Poole, Mcleod, Alexander, Powel and Apffel, Galveston, TX, for plaintiff-appellee.

Fidel Rodriguez, Jr., San Antonio, TX, Lawrence Irwin Zinn, San Antonio, TX, for Beila.

M. Bruce Fort, Texas City, TX, for Juanita Jo Phillips.

William G. Neumann, Jr., Krist, Gunn, Weller, Neumann & Morrison, Houston, TX, for Yates and Bobby Phillips, Sr.

Before GARWOOD, SMITH and DENNIS, Circuit Judges.

GARWOOD, Circuit Judge:

Claimants-appellants Rosa Biela, Julitta Jo Phillips, Luann Yates, and Bobby Phillips (Claimants), and claimants-appellants City of Port Aransas, Urban Engineering, and James L. Urban (City Appellants), appeal the district court's grant of summary judgment in favor of plaintiff-appellee Tom-Mac, Inc. (Tom-Mac). We reverse and remand to the district court with direction to dismiss Tom-Mac's petition under the Limitation of Shipowner's Liability...

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