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MATTER OF COMPLAINT OF LUHR BROS. INC.

No. 97-40841.

157 F.3d 333 (1998)

In the Matter of the Complaint of LUHR BROS. INCORPORATED, as Owner, Owner Pro Hac Vice, Operator and/or charterer of the M/V THE ADMIRAL, in the Cause of Exoneration from and/or Limitation of Liability, Civil and Maritime, Plaintiff, LUHR BROS. INCORPORATED, Petitioner-Appellant, v. Barre SHEPP; William Coon; Matthew M. Shepp, Estate of; Audrey Jerome; Allen Jerome, Estate of; Connie Sue Valverde, Individually and as representative of the estate of Matthew Marvin Shepp, deceased, Claimants-Appellees. The ESTATE OF Allen L. JEROME, Owner of the F/V AUDREY, Praying for Exoneration from or Limitation of Liability, Plaintiff, Luhr Bros. Incorporated, Claimant-Appellant, v. Barre SHEPP; William Coon; Connie Sue Valverde, Individually and as representative of the estate of Matthew Marvin Shepp, deceased; Matthew M. Shepp, Estate of, Claimants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 30, 1998.

Attorney(s) appearing for the Case

H. Lee Lewis, Jr., Frederick William Mahley, Griggs & Harrison, Houston, TX, for Luhr Bros. Inc.

Craig V. Depew, Houston, TX, for Barre Shepp.

Gregory L. Thompson, Beaumont, TX, John Andrew Cowan, David Arthur Brandom, Provost & Umphrey, Beaumont, TX, for William Coon and Connie Sue Valverde.

John Andrew Cowan, David Arthur Brandom, Provost & Umphrey, Beaumont, TX, for Matthew M. Shepp.

Richard Glenn Lewis, Moneau & Lewis, Port Arthur, TX, Randall Dewayne Collins, Wells, Peyton, Greenberg & Hunt, Beaumont, TX, for Audrey Jerome and Estate of Allen Jerome.

Before WISDOM, KING and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Following a bench trial in this maritime collision case, the district court denied Luhr Bros. Incorporated's Petition for Limitation of Liability and awarded the Claimants damages totaling $4,397,308.37. For the reasons that follow, we reverse and render.

I.

A.

This case arises out of a collision between the M/V THE ADMIRAL, a tugboat pushing a flotilla of six barges loaded with crushed rocks, and the F/V...

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