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SMITH MARITIME, INCORPORATED v. L/B KAITLYN EYMARD

No. 12-30378.

710 F.3d 560 (2013)

SMITH MARITIME, INCORPORATED, Plaintiff v. L/B KAITLYN EYMARD; et al., Defendants. Associated Gas & Oil Company, Limited, Counter Claimant-Appellant v. Tram Shipyards, Incorporated, Counter Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 3, 2013.

Attorney(s) appearing for the Case

W. Gerald Gaudet , Beau Anthony Le-Blanc , Voorhies & Labbe, Lafayette, LA, for Counter-Claimant-Appellant.

Anne Derbes Wittmann , Kenneth Marc Klemm , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, LA, for Counter Defendant-Appellee.

Before DAVIS, JONES and SMITH, Circuit Judges.

PER CURIAM:

In this dispute between the owner of two liftboats, Associated Gas & Oil Company, Limited ("Associated"), and Tram Shipyards, Incorporated ("Tram"), a shipyard which performed work on the liftboats, the issue is whether the economic loss rule of East River Steamship Corp. v. Transamerica Delaval, Inc., 476 U.S. 858, 106 S.Ct. 2295, 90 L.Ed.2d 865 (1986), precludes claims by the vessel owner Associated for economic...

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