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IN RE SOUTHERN RECYCLING, L.L.C.

No. 20-40274.

982 F.3d 374 (2020)

IN RE: In the Matter of SOUTHERN RECYCLING, L.L.C., as Owner of The M/V Viking and The Barge DBL 134, Praying for Exoneration from or Limitation of Liability Southern Recycling, L.L.C., Petitioner-Appellant, v. Nestor Aguilar; Lorena Aguilar; Dora Mendieta, Individually, as next friend of J.L., III, a minor, and on behalf of The Estate of Jorge Loredo; and Jane Mary Loredo, Claimants-Appellees, v. Maritime Chemists Services of the Coastal Bend of Texas, Incorporated; James J. Bell; Clean Water of New York, Incorporated; Independent Testing and Consulting, Incorporated, Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED December 7, 2020.

Attorney(s) appearing for the Case

Jefferson Randolph Tillery, Esq. , Sara Barry Kuebel , Catherine Barrett Rice, Esq. , Jones Walker, L.L.P., New Orleans, LA, for Petitioner-Appellant.

Roger H. Reed , Law Office of Roger H. Reed, McAllen, TX, for Claimants-Appellees.

Kevin Patrick Walters , Royston, Rayzor, Vickery & Williams, L.L.P., Houston, TX, for Third Party Defendants-Appellees James J. Bell and Maritime Chemist Services of the Coastal Bend of Texas, Incorporated.

Mike Johanson , Johanson Fairless, L.L.P., Sugar Land, TX, for Third Party Defendant-Appellee Clean Water of New York, Incorporated.

James T. Clancy, Jr. , Branscomb, P.C., Corpus Christi, TX, for Third Party Defendant-Appellee Independent Testing and Consulting, Incorporated.

Before Clement, Ho, and Duncan, Circuit Judges.

After an accident during shipbreaking operations killed one worker and injured another, Southern Recycling, L.L.C., brought a petition for exoneration or limitation of liability under the Limitation of Liability Act. 46 U.S.C. § 30501, et seq. Claimants Nestor...

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