IN RE LIBEL OF KRISTIE LEIGH ENTERPRISES

No. 97-41414.

168 F.3d 206 (1999)

In the Matter of the Libel and Petition of KRISTIE LEIGH ENTERPRISES, INC., as Owner of M/V Kristie Leigh; et al., Plaintiffs, In the Matter of the Libel and Petition of Kristie Leigh Enterprises, Inc., as Owner of M/V Kristie Leigh, Plaintiff-Appellee, Gateway Tugs, Inc., as Owner pro hac vice, of the M/V Kristie Leigh, Plaintiff-Appellant-Cross-Appellee, v. American Commercial Lines, Inc., Defendant, Amando Ayala; Barney Joe Edmonson; Adalberto Ramirez, Individually and as representative of the Estate of Felix Ramirez, Deceased; Maria Teresa Ramirez, Individually and as representative of the Estate of Felix Ramirez, Deceased, Claimant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 19, 1999.


Attorney(s) appearing for the Case

Jill Annette Schaar, Teri Jeannine Dobbins, James E. Essig, Liddell, Sapp, Zivley, Hill & LaBoon, Houston, TX, for Plaintiff-Appellant-Cross-Appellee.

Lisa D. Powell, William Michael Mills, Atlas and Hall, McAllen, TX, for Ayala, Edmonson, Adalberto and Maria Ramirez.

Rex N. Leach, Atlas & Hall, McAllen, TX, for Ayala.

Before KING, Chief Judge, and JONES and SMITH, Circuit Judges.


KING, Chief Judge:

Following a district court judgment ordering a shipowner to pay the entire amount of a limitation fund to the non-settling claimants in this admiralty action, both parties appeal portions of the district court order. The shipowner contends on appeal that the district court erred in failing to reduce the limitation fund to reflect dollar-for-dollar crediting of a previously entered into settlement. The non-settling claimants cross-appeal, arguing...

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