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CANTUBA v. AMERICAN BUREAU OF SHIPPING

No. 2008-CA-0497.

31 So.3d 397 (2009)

Angelina CANTUBA v. The AMERICAN BUREAU OF SHIPPING and Mitsubishi Heavy Industries, Ltd.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Granted August 10, 2009.

Opinion Reversed in Part and Remanded on Rehearing January 13, 2010.

Attorney(s) appearing for the Case

Randy J. Ungar, George Byrne, Jr., Kristi A. Post, New Orleans, LA, and John M. O'Quinn, O'Quinn Law Firm, Houston, TX, and Charles B. Musslewhite, Jr., Musslewhite & Associates, P.C., Houston, TX, and Mark D. Plaisance, Baker, LA, for Plaintiff/Appellant.

A. Gordon Grant, Jr., Kenneth J. Gelpi, Jr., Ryan M. McCabe, Montgomery Barnett Brown Hammond & Mintz, L.L.P., New Orleans, LA, for The Salvage Association, Ltd. and Paul Francis Daniel.

Robert B. Acomb, Jr., James E. Wright III, Jones Walker Waechter Poitevent Carrere & Denegre, L.L.P., New Orleans, LA, for Mitsubishi Heavy Industries, Ltd.

David L. Carrigee, Jedd S. Malish, Baldwin Haspel Burke & Mayer, New Orleans, LA, for Defendant/Appellee, American Bureau of Shipping.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge TERRI F. LOVE, Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD, Judge ROLAND L. BELSOME).

DAVID S. GORBATY, Judge.

In this appeal, plaintiffs assert that the trial court erred in dismissing their claims and denying their motion for new trial. For the reasons set forth below, we affirm.

FACTS AND PROCEDURAL HISTORY

Plaintiffs-Appellants ("Appellants") are relatives and personal representatives of Greek and Filipino seamen who were aboard the M/V MARIKA on January 1, 1994. On that date, the vessel disappeared in a North Atlantic...

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