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IN RE 4-K MARINE, L.L.C.

No. 18-30348.

914 F.3d 934 (2019)

IN RE: In the Matter of the Complaint of 4-K MARINE, L.L.C., as Owner of the M/V Miss Elizabeth, Petitioning for Exoneration from, or Limitation of, Liability and Central Boat Rentals, Incorporated, as Operator of the M/V Miss Elizabeth, Petitioning for Exoneration from, or Limitation of, Liability 4-K Marine, L.L.C., as Owner of the M/V Miss Elizabeth, Petitioning for Exoneration from, or Limitation of, Liability; Central Boat Rentals, Incorporated, as Operator of the M/V Miss Elizabeth, Petitioning for Exoneration from, or Limitation of, Liability, Petitioners-Appellants v. Enterprise Marine Services, L.L.C., Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED January 30, 2019.

Attorney(s) appearing for the Case

Cindy Galpin Martin , Rufus Carrollton Harris, III, Esq. , Harris & Rufty, L.L.C., New Orleans, LA, for Petitioners-Appellants.

Randolph Jean Waits , Jordan Nichole Teich, Esq. , Waits, Emmett, Popp & Teich, L.L.C., New Orleans, LA, for Claimant-Appellee.

Before WIENER, SOUTHWICK, and COSTA, Circuit Judges.

This is a maritime case involving an allision. The issue is whether the owner of the stationary, "innocent" vessel must be reimbursed for the medical expenses of an employee who fraudulently claimed his preexisting injuries had resulted from the allision. The district court said "no." We AFFIRM.

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