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DANOS MARINE, INC. v. CERTAIN PRIMARY PROTECTION

No. 09-30378.

613 F.3d 479 (2010)

DANOS MARINE, INC.; Danos & Curole Marine Contractors, LLC, Plaintiffs-Appellants Cross-Appellees, v. CERTAIN PRIMARY PROTECTION AND INDEMNITY UNDERWRITERS, Subscribing Severally to Policy Number C0I-3400773; Certain Excess Protection and Indemnity Underwriters, Subscribing Severally to Policy Number BO702/LF0-21040T, Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

July 28, 2010.

Attorney(s) appearing for the Case

Machale Andrew Miller (argued), Miller & Williamson, L.L.C., New Orleans, L.A, for Plaintiffs-Appellants Cross-Appellees.

Patrick J. McShane (argued), Lara Namer DiCristina, Frilot, L.L.C., New Orleans, LA, for Defendants-Appellees Cross-Appellants.

Before HIGGINBOTHAM, DAVIS and BENAVIDES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Appellants filed this suit to recover costs of wreck removal from P&I underwriters of the liftboat ANDRE DANOS resulting from the capsizing and sinking of that vessel in the Gulf of Mexico during Hurricane Katrina. The district court found that the wreck removal costs were covered by the policy but that the value of the salvage of the sunken vessel exceeded the removal costs and denied recovery.

We agree that the costs of...

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