DIAMOND SERVICES CORP. v. CURTIN MARITIME CORP.

No. 23-20118.

99 F.4th 722 (2024)

DIAMOND SERVICES CORPORATION, Plaintiff-Appellant, v. CURTIN MARITIME CORPORATION; Department of Homeland Security; National Vessel Documentation Center; United States Coast Guard; United States of America; Commandant Linda L. Fagan, United States Coast Guard; Port of Houston Authority, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED April 17, 2024.


Attorney(s) appearing for the Case

Harry E. Morse (argued), Martin Stewart Bohman , Bohman Morse, L.L.C., New Orleans, LA, for Plaintiff-Appellant.

Jadd Fitzgerald Masso, Esq. , Elizabeth Fitzgerald Griffin (argued), Clark Hill, P.L.C., Dallas, TX, John Kevin Spiller , Clark Hill, P.L.C., Houston, TX, for Defendant-Appellee Curtin Maritime Corporation.

Myra Farah Siddiqui (argued), Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Defendants-Appellees Department of Homeland Security, National Vessel Documentation Center, United States Coast Guard, United States of America, Commandant Linda L. Fagan, United States Coast Guard.

Barbara DePena (argued), Todd William Mensing , Kelsi Stayart White , Ahmad Zavitsanos & Mensing, P.L.L.C., Houston, TX, for Defendant-Appellee Port of Houston Authority.

Before Richman, Chief Judge, and Haynes and Duncan, Circuit Judges.


Under federal law, vessels may dredge in United States waters only if they are "built in the United States." The agency tasked with making this determination is the United States Coast Guard. Curtin Maritime Corporation ("Curtin") sought the Coast Guard's ruling that its dredging barge, the DB AVALON ("AVALON"...

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