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COMBO MARITIME, INC. v. U.S. UNITED BULK TERMINAL

No. 09-30592.

615 F.3d 599 (2010)

COMBO MARITIME, INC., Plaintiff, v. U.S. UNITED BULK TERMINAL, LLC; U.S. United Barge Line, LLC; United Maritime Group, LLC, in personam; MARLENE ELLIS M/V, its engines, tackle, apparel, etc., in rem; BRENDA KOESTLER M/V, its engines, tackle, apparel, etc., in rem, Defendants-Appellants, v. Carnival Corporation/FANTASY M/V, Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 23, 2010.

Attorney(s) appearing for the Case

Robert Taylor Lemon, II (argued), Christopher S. Mann, Jones Walker, L.L.P., New Orleans, LA, Michael William McMahon, Sr., Daigle Fisse & Kessenich, P.L.C., Madisonville, LA, for Defendants-Appellants.

Alanson T. Chenault, IV (argued), Shelley R. Miller, Antonio Jose Rodriguez, Fowler Rodriguez Valdes-Fauli, New Orleans, LA, for Defendants-Appellants, Third party Defendants-Appellees.

Before JOLLY and GARZA, Circuit Judges, and MILLER, District Judge.

MILLER, District Judge:

In this barge breakaway case, the appellant-third party plaintiff, U.S. United Bulk Terminal, LLC and its related entities and vessels (collectively "United"), appeals the district court's order granting appellee-third party defendant's, Carnival Corp. and its vessel FANTASY (collectively "Carnival"), motion for summary judgment on United's claims for contribution and indemnity, and property damage.

I. Facts

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