MISENER MARINE CONST. v. NORFOLK DREDGING CO.

No. 09-10083.

594 F.3d 832 (2010)

MISENER MARINE CONSTRUCTION, INC., Plaintiff-Counter-Defendant-Counter-Claimant-Appellee, v. NORFOLK DREDGING COMPANY, Defendant-Counter-Claimant-Cross-Defendant-Cross-Claimant-Appellant, Travelers Casualty and Surety Company of America, Defendant-Counter-Defendant-Appellee, General Gas Carrier Corporation, Defendant-Cross-Claimant-Cross-Defendant-Counter-Defendant, LPG/C STEVEN N, Defendant-Cross-Claimant-Counter-Defendant, PCS Phosphate Company, Inc., PCS Nitrogen Fertilizer, L.P., Defendants-Counter-Claimants-Third-Party Plaintiffs, Georgia Ports Authority, Third-Party Defendant-Counter-Claimant-Counter-Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 21, 2010.


Attorney(s) appearing for the Case

James L. Chapman, IV, William Ryan Snow, Crenshaw, Ware & Martin, Norfolk, VA, Edwin D. Robb, Jr., Bouhan Williams & Levy, Savannah, GA, for Norfolk Dredging Co.

Daniel D. Pipitone, Godwin Gruber, LLP, Matthew Z. Hawthorne, Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, T. Langston Bass, Jr., Brennan, Harris & Rominger, LLP, Savannah, GA, for Appellees.

Before BLACK, WILSON and COX, Circuit Judges.


WILSON, Circuit Judge:

This case concerns whether the prevailing party in a dispute arising from a dredging contract is entitled to collect attorneys' fees. Misener Marine Construction, Inc. subcontracted Norfolk Dredging Company to dredge sections of the Savannah River, a navigable waterway, as part of a larger construction project at the Port of Savannah (the "Port"). After problems at the construction site Misener sued Norfolk, and Norfolk counterclaimed. Norfolk...

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