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IN RE RIVER CITY TOWING SERVICES, INC.

No. 04-31038.

420 F.3d 385 (2005)

In Re: In the Matter of the Complaint of RIVER CITY TOWING SERVICES, INC., as owner of TANK BARGE F-22, for Exoneration from or Limitation of Liability. River City Towing Services, Inc., etc.; et al., Plaintiffs, River City Towing Services, Inc., as Owner of TANK BARGE F-22, Plaintiff-Appellee, v. Mary Craig; et al., Claimants, Jerome Jarvis, Carol Washington, Calvin Jarvis, Debra G. Garlington, Claimants-Appellants, Carol W. Armstrong, Charles E. Armstrong, Irene Asberry, Leonard Asberry, John H. Atkins, Mary S. Battiste, Evelyn W. Garner, Tyrone Jarvis, Terry Pugh, Joanna Anderson, Leonard Asberry, Carmeesha Camper, John H. Davis, Jaxon Ewrin, Gregory Fabre, Kenneth Francois, John H. Joseph, Jr., Keandré M. Randall, Gloria Washington, Adam P. Garlington, Blake J. Garlington, Chare M. Garlington, Jena A. Garlington, Ronald Garlington, Iesha Harris, Jessica Harris, Charlie Johnson, et al., Appellants.

United States Court of Appeals, Fifth Circuit.

August 5, 2005.

Attorney(s) appearing for the Case

David Latham Reisman (argued), Russell Keith Jarrett, Liskow & Lewis, New Orleans, LA, for Plaintiff-Appellee.

Donna Unkel Grodner (argued), Grodner & Associates, Baton Rouge, LA, Jennings Bryan Jones, III, Law Offices of Bryan Jones, III, Bell City, LA, for Appellants.

Before GARWOOD, SMITH and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Potential claimants to a fixed fund created by a limitation of liability action appeal the district court's denial of leave to file late claims. For the following reasons, we affirm the decision of the district court.

I. FACTS AND PROCEEDINGS

On April 27 and April 28, 2004, a barge owned by River City Towing Services ("River City") emitted fumes affecting individuals in Baton Rouge and Brusley, Louisiana. On April...

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