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STOLT ACHIEVEMENT, LTD. v. DREDGE B.E. LINDHOLM

No. 04-20773.

447 F.3d 360 (2006)

STOLT ACHIEVEMENT, LTD. Plaintiff-Appellant, v. DREDGE B.E. LINDHOLM, its engines, tackle, appurtenances, etc., in rem, Weeks Marine, Inc., in personam, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 19, 2006.

Attorney(s) appearing for the Case

William Andrew Durham (argued), Christina K. Schovajsa, Eastham, Watson, Dale & Fornay, Houston, TX, for Plaintiff-Appellant.

Robert Joseph Killeen, Jr., Killeen & Associates, Houston, TX, Robert Craig Stern (argued), Law Offices of Robert C. Stern, New Orleans, LA, for Defendants-Appellees.

James Thomas Brown, Jr. (argued), Legge, Farrow, Kimmitt, McGrath & Brown, Houston, TX, for Houston Pilots, Amicus Curiae.

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED in part and GRANTED in part as reflected in the substitute opinion filed today. No member of the panel nor judge in regular active service of the court having requested that the court be polled on Rehearing En Banc (Fed. R.App. P. and 5th Cir. R. 35), the Petition for Rehearing En Banc is DENIED. We withdraw...

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