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BARGECARIB INC. v. OFFSHORE SUPPLY SHIPS INC.

No. 98-20329.

168 F.3d 227 (1999)

BARGECARIB INCORPORATED, Plaintiff-Appellant, v. OFFSHORE SUPPLY SHIPS INCORPORATED, in personam; The M/V Sovereign, her engines, tackle, apparel, etc., in rem; Defendants-Appellees, Global Towing, L.L.C., Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 31, 1999.

Attorney(s) appearing for the Case

Cecil L. Solomon, Ford C. Thanheiser, Billings & Solomon, Houston, TX, for Plaintiff-Appellant.

Edward H. Arnold, III, Philip A. Franco, Adams & Reese, New Orleans, LA, for Defendant-Appellee.

Michael R. C. Riess, House, Kingsmill, Riess & Seabolt, New Orleans, LA, Shannon S. Peters, House, Golden, Houston, TX, for Claimant-Appellee.

Before HIGGINBOTHAM, DUHÉ and DeMOSS, Circuit Judges.

DUHÉ, Circuit Judge:

BargeCarib Inc. ("BargeCarib") filed a complaint in rem against the M/V Sovereign ("Sovereign") and in personam against the Sovereign's owner Offshore Supply Ships Inc. ("Offshore"), alleging breach of a time charter. The Sovereign was arrested, then released after subsequent proceedings when the district court concluded Offshore did not breach the charter. BargeCarib appeals the order vacating seizure and denying return of the vessel. Because...

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