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ONDIMAR TRANSPORTES MARITIMOS v. BEATTY STREET PROPERTIES, INC.

No. 08-20079.

555 F.3d 184 (2009)

ONDIMAR TRANSPORTES MARITIMOS; LTDA and Ibaizabal Management Services SL, Plaintiffs-Appellants, v. BEATTY STREET PROPERTIES, INC., in personam; M/V BAYOU CITY, her engines, machinery, tackle and appurtenances, etc., in rem, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 9, 2009.

Attorney(s) appearing for the Case

James Patrick Cooney (argued), Royston Rayzor, Houston, TX, for Plaintiffs-Appellants.

James Thomas Brown, Jr., Michael John Wray (argued), Paxton N. Crew, Legge, Farrow, Kimmitt, McGrath & Brown, Houston, TX, for Defendants-Appellees.

Before DAVIS, STEWART and DENNIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Plaintiffs-Appellants Ondimar Transportes Maritimos LTDA and Ibaizabal Management Services SL (collectively, "Ondimar") appeal from the district court's partial summary judgment dismissing Ondimar's assigned tort claim against Defendants-Appellees Beatty Street Properties, Inc. and M/V BAYOU CITY (collectively, "Beatty"). For the reasons set forth below, we affirm.

I. FACTS

On April 12, 2005, the M/T MONTE TOLEDO,...

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