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FISHERMAN'S HARVEST, INC. v. PBS & J

No. 2006-1208.

490 F.3d 1371 (2007)

FISHERMAN'S HARVEST, INC., C. Joe Nelson, Jr., Doris Mae Nelson, Vanessa Jo Nelson Vallejo, Vickie Jo Nelson Salazar, and Nelson Plaintiffs Fisherman's Harvest, Inc., Plaintiffs-Appellants, and Childress Seafood, Inc., W.F. Childress, and Alton Lee Kelly, Plaintiffs-Appellants, v. PBS & J (formerly known as Espey, Huston & Associates, Inc.), Defendant, and Bertucci Contracting Corporation, Defendant, and Luhr Brothers, Inc., Defendant, and Bradley Industrial Textiles, Inc., Defendant-Appellee, and Nicolon Corporation (also known as Ten Cate Nicolon), Defendant-Appellee, and Huston & Associates, Inc., Defendant, and Weeks Marine, Inc., Defendant/Third Party Plaintiff-Appellee, v. United States Army Corps of Engineers, Third Party Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 21, 2007.

Attorney(s) appearing for the Case

Paul W. O'Finan, Paul W. O'Finan Law Office, of Houston, TX, argued for Childress Seafood, Inc., et al, and for all plaintiffs-appellants. With him on the brief for Fisherman's Harvest, Inc., et al, was David E. Bernsen, of Beaumont, TX.

Paul G. Preston, The Preston Law Firm, L.L.P., of Houston, TX, for defendant-appellee, Bradley Industrial Textiles, Inc. With him on the brief was Devon H. Decker.

Jill A. Schaar, Locke Liddell & Sapp LLP, of Houston, TX, for defendant-appellee, Nicolon Corporation (also know as Ten Cate Nicolon).

Kenneth G. Engerrand, Brown Sims, P.C., of Houston, TX, argued for defendant/third party plaintiff-appellee.

David D'Alessandris, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for third party defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, and Patricia M. McCarthy, Assistant Director.

Before NEWMAN, LINN, and MOORE, Circuit Judges.

Opinion for the court filed by Circuit Judge LINN. Dissenting opinion filed by Circuit Judge NEWMAN.

LINN, Circuit Judge.

This case involves alleged damage to oyster growers due to dredging operations and requires us to interpret the scope of jurisdiction provided by 28 U.S.C. § 1497 and the availability of 28 U.S.C. § 1404(a) for transfers to the United States Court of Federal Claims. The appellants, which we refer to collectively as the oyster...

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