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MARQUETTE TRANSP. CO. v. LOUISIANA MACHINERY CO.

No. 02-30949.

367 F.3d 398 (2004)

MARQUETTE TRANSPORTATION COMPANY, INC., Plaintiff-Counter Defendant Appellant-Appellee-Cross-Appellant, Bluegrass Marine, Inc.; Iowa Fleeting Service, Inc.; Zurich American Insurance Company, Inc.; The Water Quality Insurance Syndicate, Plaintiffs-Appellants, v. LOUISIANA MACHINERY COMPANY INC., Etc.; et al., Defendants, Louisiana Machinery Company Inc., doing business as Louisiana Machinery Power Systems; Defendant-Appellee, Quality Shipyards, Inc., Defendant-Counter Claimant Appellee-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 17, 2004.

Attorney(s) appearing for the Case

John Anthony Scialdone, Balch & Bingham, Gulfport, MS, for Marquette Transp. Co., Inc., Bluegrass Marine Inc. and Iowa Fleeting Serv. Inc.

Allen F. Campbell, Francis J. Barry, Jr., Deutsch, Kerrigan & Stiles, New Orleans, LA, for Zurich Am. Ins. Co., Inc.

Philip S. Brooks, Jr., A. Gordon Grant, Jr., Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, for Water Quality Ins. Syndicate.

John J. Broders, William J. Joyce, Suzanne Michele Ray, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for Louisiana Machinery Co., Inc.

Norman C. Sullivan, Jr., Fowler, Rodriquez, Kingsmill, Flint, Gray & Chalos, New Orleans, LA, for Quality Shipyards Inc.

Before HIGGINBOTHAM, SMITH, and WIENER, Circuit Judges.

WIENER, Circuit Judge:

The plaintiff-appellants in this maritime action were the owners and operators of the M/V KAY ECKSTEIN (the "KAY") and their insurers (collectively, "Plaintiffs"). The KAY was a triple screw, steel hulled push boat which was originally constructed in 1973. In 1999, the KAY's three Caterpillar 3606 engines, which had been installed in 1992, were overhauled and other extensive renovations were performed by defendant-appellant Quality Shipyards...

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