IN RE OMEGA PROTEIN, INC.

No. 07-30725.

548 F.3d 361 (2008)

In re: In the Matter of the Complaint of OMEGA PROTEIN, INC., as Owner of Fishing Vessel GULF SHORE, for Exoneration from or Limitation of Liability. Omega Protein, Inc., as Owner of Fishing Vessel GULF SHORE, Plaintiff-Appellee, v. Samson Contour Energy E & P LLC, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 10, 2008.


Attorney(s) appearing for the Case

Alan K. Breaud, Breaud & Meyers, Lafayette, LA, for Plaintiff-Appellee.

Charles R. Talley, Karen Waters Shipman, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, New Orleans, LA, for Defendant-Appellant.

Before KING, DeMOSS and PRADO, Circuit Judges.


DeMOSS, Circuit Judge:

In the early morning hours of October 4, 2004, Plaintiff-Appellant Omega Protein, Inc's ("Omega") vessel struck an oil platform owned by Defendant-Appellee Samson Contour Energy E & P LLC ("Samson"). On appeal, we must consider whether the district court erred in assigning fault equally between Omega and Samson, and whether the court erred in allowing Omega to limit its liability under 46 U.S.C...

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