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GULF COAST SHELL AND AGGREGATE LP v. NEWLIN

No. 09-40942.

623 F.3d 235 (2010)

GULF COAST SHELL AND AGGREGATE LP; Richmond Material Company, Plaintiffs-Appellees, v. Charles T. NEWLIN, Individually, Defendant-Appellant-Appellee, and Quimicos Amiex, S.A. de C.V., appearing solely in its capacity as a person who asserts a right of ownership interest in the Dredge La Concha, Claimant-Appellant, v. International Fidelity Insurance Co., Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

October 6, 2010.

Attorney(s) appearing for the Case

Dimitri Panos Georgantas (argued), Chaffe McCall, L.L.P., Houston, TX, for Plaintiffs-Appellees.

Prisidha A. Govender , Chaffe McCall, L.L.P., Houston, TX, for Richmond Material Co.

Ralph F. Meyer , Brian Charles Miller (argued), John Christopher Partridge , Royston, Rayzor, Vickery & Williams, L.L.P., Corpus Christi, TX, for Newlin and Claimant-Appellant.

Keith Alan Langley , James W. Hamel , Dennis Charles Sauter (argued), Langley Weinstein, LLP, Dallas, TX, for Intervenor-Appellant.

Before JOLLY, DeMOSS and DENNIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Who has the best claim to La Concha? Well, we do not know the answer, but we do know that the answer cannot be provided by the courts of admiralty.

The claims presented in this appeal arise from a failed oyster-dredging venture between appellee Gulf Coast Shell and Aggregate LP ("Gulf Coast") and appellant Charles Newlin ("Newlin"). Gulf Coast sued the oyster dredge La Concha in rem, under Admiralty Rule D, for possession...

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