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IN RE LUHR BROS., INC.

No. 01-41085.

325 F.3d 681 (2003)

In Re: In the Matter of the Complaint of LUHR BROTHERS INC., As Owner, Pro Hac Vice, Operator and/or Charterer of the M/V VICKIE, in a cause of Exoneration from and/or Limitation of Liability, Civil and Maritime. Luhr Brothers, Inc., As Owner, Pro Hac Vice, Operator and/or Charterer of the M/V VICKIE, Plaintiff-Appellant, v. Crystal Shipowning, PTE. Limited, Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 2, 2003.

Attorney(s) appearing for the Case

Frederick William Mahley (argued), Strasburger & Price, Houston, TX, for Plaintiff-Appellant.

Alan G. Sampson (argued), Benckenstein & Oxford, Beaumont, TX, for Claimant-Appellee.

Before GARWOOD, JONES and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Luhr Bros. Inc. ("Luhr") brought this civil and maritime action seeking exoneration from liability for property damage and loss arising from the M/V EAGLE AURIGA ("EAGLE") colliding into a drydock on the Sabine-Neches Waterway in August 1998. The drydock's owner, Vessel Repair, Inc., suffered damages that have been stipulated at $475,000. The EAGLE, owned by Crystal Shipowning PTE. Ltd. ("Crystal") also sustained $40,000 in stipulated...

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