MIKE HOOKS DREDGING CO. v. MARQUETTE TRANSP.

No. 12-30474.

716 F.3d 886 (2013)

MIKE HOOKS DREDGING COMPANY, INCORPORATED, Plaintiff-Third Party Plaintiff-Appellant, v. MARQUETTE TRANSPORTATION GULF-INLAND, L.L.C., formerly known as Eckstein Marine Service, Incorporated; Memco Barge Line, L.L.C., in personam, doing business as AEP Memco L.L.C., doing business as AEP River Operations, L.L.C.; Ingram Barge Company, in personam, Defendants-Third Party Plaintiffs-Appellees, v. Longman's Marine Service, Incorporated; Tommie Vizier Towing Company, Incorporated; C & J Marine Services, Incorporated, Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 21, 2013.


Attorney(s) appearing for the Case

Robert S. Reich (argued), Esq. , Reich, Album & Plunkett, L.L.C., Metairie, LA, for Mike Hooks Dredging Company, Incorporated.

John Anthony Scialdone , Gulfport, MS, Esq., Todd Gregory Crawford (argued), Gulfport, MS, Esq., John Steven Garner, Esq. , Fowler Rodriguez Valdes-Fauli , New Orleans, LA, for Marquette Transportation Company Gulf-Inland, L.L.C., formerly known as Eckstein Marine Service, Incorporated, Memco Barge Line, L.L.C., in personam, doing business as AEP Memco L.L.C., doing business as AEP River Operations, Ingram Barge Company, in personam.

Jefferson Randolph Tillery, Esq. , Jones Walker LLP, New Orleans, LA, for Longman's Marine Service, Incorporated.

Rufus Carrollton Harris, III, Esq. , Cindy Galpin Martin (argued), Harris & Rufty, L.L.C., New Orleans, LA, for Tommie Vizier Towing Company, Incorporated.

William B. Schwartz , Baldwin Haspel Burke & Mayer, L.L.C., New Orleans, LA, for C & J Marine Services, Incorporated.

Before JOLLY, GARZA, and OWEN, Circuit Judges.


E. GRADY JOLLY, Circuit Judge.

This admiralty appeal challenges the district court's finding of liability arising from an allision in the Gulf Intracoastal Waterway ("ICW"). The dredge MIKE HOOKS1 was operating in the ICW under its contract with the Army Corps of Engineers when it was struck by a passing vessel, the PAT McDANIEL,2 while the dredge was moored on the bank of the narrow Wax Lake intersection undergoing...

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