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BERTUCCI CONTRACTING CORP. v. M/V ANTWERPEN

No. 04-31200.

465 F.3d 254 (2006)

BERTUCCI CONTRACTING CORPORATION, Plaintiff, v. M/V ANTWERPEN, etc.; et al., Defendants, Marvita Shipping Company Ltd., Defendant-Third Party Plaintiff-Appellant, v. M/V LADY JEANETTE, her engines, boilers, tackle, equipment, furniture, apparel, etc., in rem; F&L Marine Management Inc.; Sandbar III Inc., Third Party Defendants-Appellees. Marvita Shipping Company Ltd., Plaintiff-Appellant, v. M/V LADY JEANETTE, etc.; et al., Defendants, M/V LADY JEANETTE, her engines, boilers, tackle, equipment, furniture, apparel, etc., in rem; Sandbar III Inc., in personam; F&L Marine Management Inc., Defendants-Appellees. In Re: In the Matter of the Complaint of F&L Marine Management Inc.; Sandbar III Inc., for Exoneration from or Limitation of Liability. F&L Marine Management Inc., as owner pro hac vice; Sandbar III Inc., as owner of M/V LADY JEANETTE, her engines, tackle, appurtenances, furniture, etc., Petitioners-Appellees, v. Marvita Shipping Company Ltd., Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 19, 2006.

Attorney(s) appearing for the Case

Antonio J. Rodriguez, A.T. Chenault, IV (argued), Henry J. Rodriguez, Fowler Rodriguez & Chalos, New Orleans, LA, for Marvita Shipping Co., Ltd.

James G. Burke, Jr., Paul Newman Vance (argued), Burke & Mayer, New Orleans, LA, for Third Party Defendants-Appellees.

Before GARWOOD, PRADO and OWEN, Circuit Judges.

OWEN, Circuit Judge:

This appeal arises out of an unsuccessful claim by Marvita Shipping Company, Ltd., the owner of the M/V ANTWERPEN, against the interests of the M/V LADY JEANETTE for allegedly "embarrassing the navigation" of the ANTWERPEN and causing it to allide with a fleet of stationary barges on the east bank of the Mississippi River.1 Marvita claims that a new trial is necessary because...

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