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GABARICK v. LAURIN MARITIME (AMERICA) INC.

No. 13-30739.

753 F.3d 550 (2014)

Stephen Marshall GABARICK, on behalf of himself and all others similarly situated; et al., Plaintiffs v. LAURIN MARITIME (AMERICA) INCORPORATED; et al., Defendants. American Commercial Lines, L.L.C., Plaintiff-Appellant v. D.R.D. Towing Company, L.L.C., Defendant-Appellee. United States Of America, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

May 21, 2014.

Attorney(s) appearing for the Case

Glenn G. Goodier , Richard David Bertram, Esq. , Jones Walker LLP, New Orleans, LA, John A.V. Nicoletti, Esq. , Terry Lee Stoltz, Esq. , Nicoletti, Hornig & Sweeney, New York, NY, for Plaintiff-Appellant.

Randolph Jean Waits , Waits, Emmett & Popp, L.L.C., New Orleans, LA, for Defendant-Appellee.

Sarah Susan Keast, Esq. , Trial Attorney, Michael Anthony DiLauro, Esq. , Trial Attorney, U.S. Department of Justice, Washington, DC, for Intervenor-Appellee.

Before JOLLY, GARZA, and HIGGINSON, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

American Commercial Lines ("ACL") sought a declaratory judgment that certain vessel chartering agreements with D.R.D. Towing Company, LLC ("DRD") were void ab initio. The district court dismissed the action pursuant to the equitable doctrine of judicial estoppel. It found that ACL's position in the declaratory judgment action — that the charters were void ab initio — clearly contradicted its earlier position...

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