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EURASIA INTERN., LTD. v. HOLMAN SHIPPING, INC.

No. 04-40666.

411 F.3d 578 (2005)

EURASIA INTERNATIONAL, LTD., Individually and as Assignee, Plaintiff-Appellant, v. HOLMAN SHIPPING, INC.; North American Marine Repair & Cleaning Inc.; Olympus Steamship Agencies; Royal Bank of Scotland; Gulf Marine and Industrial Supplies Inc., Intervenor Plaintiffs-Appellees, v. M/V EMILIA, Etc., Defendant.

United States Court of Appeals, Fifth Circuit.

June 7, 2005.

Attorney(s) appearing for the Case

Frank James Gonynor (argued), William Andrew Durham, Jonathan Daniel Selden, Eastham, Watson, Dale & Forney, Houston, TX, for Plaintiff-Appellant.

Kevin Patrick Walters, Seth A. Nichamoff (argued), Georgantas & Walters, Houston, TX, for Holman Shipping, Inc., North Am. Marine Repair & Cleaning, Inc. and Olympus S.S. Agencies.

Derek A. Walker, Ivan Mauricio Rodriquez (argued), Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Royal Bank of Scotland.

Steven E. Psarellis, Psarellis & Associates, New Orleans, LA, for Gulf Marine Industrial Supplies, Inc.

Before KING, Chief Judge, and BARKSDALE and STEWART, Circuit Judges.

KING, Chief Judge:

Plaintiff-Appellant Eurasia International, Ltd. appeals the district court's entry of summary judgment in favor of Intervenor-Appellee Royal Bank of Scotland. Because we lack in rem jurisdiction over this matter, under the useless judgment doctrine, we are compelled to DISMISS Eurasia's appeal.

I. FACTUAL AND PROCEDURAL BACKGROUND

On September 20, 1994, the Royal Bank of Scotland ("RBS") entered into a loan agreement with Candour...

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