REGIONS EQUIPMENT FINANCE v. AT 2400

No. 10-41063.

640 F.3d 124 (2011)

REGIONS EQUIPMENT FINANCE CORPORATION, Plaintiff-Appellee, v. AT 2400, OFFICIAL NUMBER 530775, her engines, tackle, furniture, apparel, appurtenances, etc., in rem; AT 1400, Official Number 279236, her engines, tackle, furniture, apparel, appurtenances, etc., in rem; ACCU III, Official Number 514466, her engines, tackle, furniture, apparel, appurtenances, etc., in rem; AT 3010, Official Number 1080340, her engines, tackle, furniture, apparel, appurtenances, etc., in rem; AT 3014, Official Number 1086811, her engines, tackle, furniture, apparel, appurtenances, etc., in rem; AT 3008, Official Number 1080268, her engines, tackle, furniture, apparel, appurtenances, etc., in rem; ACCU VII, Official Number 520332, her engines, tackle, furniture, apparel, appurtenances, etc., in rem; AT 1401, Official Number 295706, her engines, tackle, furniture, apparel, appurtenances, etc., in rem; ACCU XI, Official Number 536661, her engines, tackle, furniture, apparel, appurtenances, etc., in rem; Accumarine Transportation, LP, in personam, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 27, 2011.


Attorney(s) appearing for the Case

Stewart F. Peck , Nathan P. Horner , Benjamin W. Kadden , Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, Michael Keith Eaves , Calvert Eaves Clarke & Stelly, L.L.P., Beaumont, TX, for Plaintiff-Appellee.

Paxton N. Crew , James Thomas Brown, Jr. , Legge, Farrow, Kimmitt, McGrath & Brown, L.L.P., Houston, TX, for Defendants-Appellants.

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.


WIENER, Circuit Judge:

Plaintiff-Appellee Regions Equipment Finance Corporation (REFCO) sued Defendant-Appellant Accumarine Transportation, L.P. ("Accumarine"), in personam, and also sued a number of Accumarine's vessels, Defendants-Appellants AT 2400, AT 1400, ACCU III, AT 3010, ACCU VII, ACCU XI, in rem, for breach of contract. The suit is based on Accumarine's failure to make payments due on four promissory notes held by REFCO and on Accumarine's...

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