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DYNAMIC MARINE CONSORTIUM, S.A. v. LATINI, MV

No. 99-30256.

179 F.3d 278 (1999)

DYNAMIC MARINE CONSORTIUM, S.A., Plaintiff, v. LATINI, MV, her engines, tackle, apparel, furniture, etc., in rem fka Polyxeni, MV, Defendant, Ensenada Shipping, Ltd., Movant-Appellant, v. Esco Marine, Inc., Movant-Appellee, and Imacasa Maritime and Trading, Ltd., Intervenor Plaintiff-Appellee, and World Vision, Inc.; Cooperative for American Relief Everywhere, Inc., also know as CARE, Inc., Intervenors-Appellees. ANZ Grindlays Bank, Limited, Plaintiff-Appellee, v. LATINI, MV, her engines, tackles, apparel, furniture, etc.; et al., Defendant, Ensenada Shipping, Ltd., Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 22, 1999.

Attorney(s) appearing for the Case

Joseph Dwight LeBlanc, III, Andrew S. de Klerk, Robin Christine Minturn, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Ensenata Shipping Ltd.

David Sinnott Bland, George B. Jurgens, III, Robert Harriss Wood, King, LeBlanc & Bland, New Orleans, LA, for Imacasa Maritime and Trading, Ltd.

Ashton R. O'Dwyer, Jr., Lemle & Kelleher, New Orleans, LA, for Intervenors-Appellees.

Derek A. Walker, Daniel A. Tadros, H. Michael Bush, Chaffe McCall Phillips Toler & Sarpy, New Orleans, LA, for Plaintiff-Appellee.

Joseph E. LeBlanc, Jr., Elizabeth S. Wheeler, King, LeBlanc & Bland, New Orleans, LA, for Movant-Appellee.

Before POLITZ, HIGGINBOTHAM and DAVIS, Circuit Judges.

POLITZ, Circuit Judge:

This appeal challenges the district court judgment vacating the auction of the vessel M/V LATINI because of collusion in the bidding process. For the reasons assigned, we dismiss the appeal as moot and alternatively affirm.

The LATINI, en route down the Mississippi River, experienced a fire and subsequently was grounded. While detained, the vessel was seized by Dynamic Marine Consortium, S.A. pursuant to a claim by fuel bunkers. The...

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