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IN RE SUPERIOR CREWBOATS, INC.

No. 03-30692.

374 F.3d 330 (2004)

In re: In the Matter of: SUPERIOR CREWBOATS, INC., as owner of the MV STACEY D, petitioning for Exoneration from or Limitation of Liability. Superior Crewboats Inc., as owner of the MV STACEY D, Petitioner-Appellant, v. Primary P & I Underwriters, Defendant-Appellee, and Arthur Hudspeath; Wilbur J. Babin, Jr., Claimants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 18, 2004.

Attorney(s) appearing for the Case

Patrick J. McShane (argued), Cindy Teresa Matherne, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Petitioner-Appellant.

Darleen M. Jacobs, Alfred Ambrose Sarrat, Jr. (argued), Jacobs & Sarrat, New Orleans, LA, for Claimants-Appellees.

Before JONES, WIENER, and PRADO, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This case principally raises the question whether judicial estoppel prohibits these debtors from prosecuting a personal injury lawsuit that they did not timely disclose to the bankruptcy court. The district court concluded that confusion as to the viability of the claim, combined with the bankruptcy trustee's lack of diligence, made judicial estoppel unwarranted as a matter of law. The district...

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