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IN RE AMERICAN RIVER TRANSP. CO.

No. 05-30878.

490 F.3d 351 (2007)

In Re: In the Matter of: AMERICAN RIVER TRANSPORTATION COMPANY, as owner/operator of the Barge ART 529, seeking exoneration from or limitation of liability. American River Transportation Company, as owner/operator of the Barge ART 529, Petitioner-Appellee, v. U.S. Maritime Services, Inc.; et al., Defendants, Lester Anthony Allemand, individually and on behalf of his deceased son, Jacques Allemand; Edna H. Allemand, individually and on behalf of her deceased son, Jacques Allemand, Claimants-Appellants. In Re: In the Matter of the Complaint of: American River Transport Company, as owner/operator of the Barge CONDO 2, seeking exoneration from or limitation of liability. American River Transport Company, as owner/operator of the Barge CONDO2, Petitioner-Appellee, v. U.S. Maritime Services, Inc.; et al., Defendants, Lester Anthony Allemand, individually and on behalf of his deceased son, Jacques Allemand; Edna H. Allemand, individually and on behalf of her deceased son, Jacques Allemand, Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 19, 2007.

Attorney(s) appearing for the Case

David Michael Flotte, Joseph Edward Lee, III (argued), Preis & Roy, New Orleans, LA, for Petitioner-Appellee.

Michael Charles Ginart, Jr. (argued), Tonry & Ginart, Chalmette, LA, for Claimants-Appellants.

Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges.

WIENER, Circuit Judge:

In February 2003, Jacques Allemand ("Jacques"), a longshoreman employed by Petitioner-Appellee American River Transportation Co. ("ARTCO"), died when he jumped from the barge on which he was employed into territorial waters in an attempt to save a co-worker who had fallen from the barge. Following the deaths of Jacques and his co-worker, ARTCO commenced Limitation of Liability Proceedings. Claimants-Appellants Lester Anthony Allemand and Edna...

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