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MOORE v. M/V ANGELA

No. 02-30441.

353 F.3d 376 (2003)

Sylvia MOORE, et al., Plaintiffs, Sylvia Moore, Plaintiff-Appellee, v. ANGELA MV, Defendant, Angela Maritime Shipping Ltd., Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 9, 2003.

Attorney(s) appearing for the Case

Reginald James Laurent (argued), Slidell, LA, for Plaintiff-Appellee.

Robert H. Murphy (argued), Peter Brooks Sloss, Scott Edward Oliphant, Murphy, Rogers & Sloss, New Orleans, LA, for Claimant-Appellant.

Before DUHÉ EMILIO M. GARZA and DeMOSS, Circuit Judges.

DUHÉ Circuit Judge:

Appellant Angela Maritime Shipping, Ltd. ("Angela"), claimant of the in rem defendant, M/V ANGELA, appeals a judgment in a § 905(b) action by Sylvia Moore, the surviving spouse of longshoreman Horace Moore ("Moore"). The district court held for the Plaintiff, finding vessel negligence and finding the decedent five percent at fault. We hold the award of non-pecuniary damages to be excessive and hold that the court exceeded its authority...

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