IN RE TAIRA LYNN MARINE LTD. NO. 5, LLC

No. 04-31069.

444 F.3d 371 (2006)

In re: In the Matter of the Complaint of TAIRA LYNN MARINE LIMITED NUMBER 5, LLC, as Owner of the M/V MR. BARRY for Exoneration from or Limitation of Liability. Taira Lynn Marine Limited Number 5, LLC; et al., Plaintiffs-Appellants, v. Jays Seafood, Inc.; et al., Defendants, E.J. Mason, Individually and doing business as Mason Seafood, Defendant-Claimant-Third Party Plaintiff-Appellee, Coastline Marine, Inc.; Marine Turbine Technologies, LLC; MTT Properties, LLC; MTT Manufacturing, LLC; Morton International, Inc.; CVD, Inc., doing business as Rohm & Haas Advanced Materials; Twin Brothers Marine; Coy Reeks, Individually and doing business as Riverfront Seawalks and Bulkheads; Twin Brothers Marine Corp.; Bagala's Quality Oysters, Inc.; Douglas Olander, Individually and doing business as Big D's Seafood; Crystal Olander, Individually and doing business as Big D's Seafood; Ivo Jurisich, Individually and doing business as Blue Gulf Seafood, Inc.; Tommy Kleinpeter, Individually and on behalf of Cajun Wireline, Inc.; North America Salt Co.; Carey Salt, Co.; Pam Dore, Individually and on behalf of Cove Marina; Legnon Enterprises, Inc., Defendants-Claimants-Cross Claimants-Appellees, v. Water Quality Insurance Syndicate, Defendant-Claimant-Appellant, Louisiana Department of Transportation and Development, Defendant-Counter Defendant-Cross Defendant-Appellant, Kirby Inland Marine LP, formerly known as Kirby Inland Marine, Inc., Third Party Defendant-Cross Defendant-Appellant. In Re: In the Matter of the Complaint of Kirby Inland Marine, LP, formerly known Kirby Inland Marine, Inc., as Owner of the T/B KIRBY 31801 for Exoneration From or Limitation of Liability. Kirby Inland Marine, formerly known as Kirby Inland Marine, Inc. as owner of the T/B KIRBY 31801, Plaintiff-Cross Defendant-Appellant, v. David J. Andras, Jr.; et al., Defendants, E.J. Mason, Individually and doing business as Mason Seafood, Defendant-Claimant-Appellee, Coastline Marine, Inc.; Marine Turbine Technologies, LLC.; MTT Properties, LLC; MTT Manufacturing, LLC; Morton International, Inc.; CVD, Inc., doing business as Rohm & Haas Advanced Materials; Twin Brothers Marine, Inc.; Coy Reeks, Individually and doing business as Riverfront Seawalks and Bulkheads; Twin Brothers Marine Corp.; Bagala's Quality Oysters, Inc.; Douglas Olander, Individually and doing business as Big D's Seafood; Crystal Olander, Individually and doing business as Big D's Seafood; Ivo Jurisich, Individually and doing business as Blue Gulf Seafood, Inc.; Tommy Kleinpeter, Individually and on behalf of Cajun Wireline, Inc.; North America Salt Co.; Carey Salt Co.; Pam Dore, Individually and on behalf of Cove Marina; Legnon Enterprises, Inc., Defendants-Claimants-Cross Claimants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 23, 2006.


Attorney(s) appearing for the Case

Kevin Reeve Duck, Duck Law Firm, Lafayette, LA, for Mason.

W. Gerald Gaudet (argued), Mary M. Hamilton, James P. Doherty, III, Voorhies & Labbe, Lafayette, LA, for Louisiana Dept. of Transp. & Development.

Kenneth W. DeJean (argued), Law Office of Kenneth DeJean, Lafayette, LA, for Coastline Marine, Inc., Reeks, Bagala's Quality Oysters, Inc., Douglas and Crystal Olander, Jurisich, Kleinpeter, Dore and Legnon Enterprises, Inc.

Michael Ray Mangham, Mangham & Fuqua, Lafayette, LA, for Marine Turbine Technologies LLC, MTT Properties LLC and MTT Mfg. LLC.

Cliffe E. Laborde, III (argued), Melissa L. Theriot, Laborde & Neuner, Lafayette, LA, for Morton Intern., Inc. and CVD, Inc.

David Michael Thorguson, Alfred S. Lippman, Lippman, Mahfouz & Martin, Morgan City, LA, for Twin Bros. Marine, Kirby Inland Marine, Inc. and Twin Bros. Marine Corp.

Richard C. Broussard, Broussard & David, Lafayette, LA, for North America Salt Co. and Carey Salt Co.

Blake R. David (argued), Broussard & David, Lafayette, LA, for Carey Salt Co.

Before BENAVIDES, STEWART and OWEN, Circuit Judges.


CARL E. STEWART, Circuit Judge:

The primary issue on appeal is whether claimants who suffered no physical damage to a proprietary interest can recover for their economic losses as a result of a maritime allision. Fourteen businesses and business owners brought claims under the general maritime law, the Oil Pollution Act of 1990(OPA), 33 U.S.C. §§ 2701-2761 (2000), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S...

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