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United States Fifth Circuit


Gulf Coast Shell & Aggregate LP v. Newlin, 09-40942

In an action against an oyster dredge in rem, under Admiralty Rule D, for possession and to try title to the dredge, and against an individual defendant for breach of contract, breach of fiduciary duty, and wrongful conversion, judgment for plaintiff is vacated where the district court did not have admiralty jurisdiction because: 1) plaintiff did not assert a legal claim to the dredge; 2) the contract between the parties was not a maritime contract; and 3) the torts alleged by plaintiff were not maritime torts.

Appellate Information

  • Decided 10/07/2010
  • Published 10/07/2010

Judges

  • E. Grady Jolly

Court

  • United States Fifth Circuit

Counsel

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