Barna Conshipping, S.L. v. Commercial Metals Company

Filing 920100624

Download PDF
Case: 09-20611 Document: 00511151545 Page: 1 Date Filed: 06/23/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED June 23, 2010 No. 09-20611 Lyle W. Cayce Clerk BARNA CONSHIPPING, S.L., Plaintiff - Appellant v. COMMERCIAL METALS CO, Defendant - Appellee Appeal from the United States District Court for the Southern District of Texas USDC No. 4:09-CV-163 Before JOLLY, SMITH, and OWEN, Circuit Judges. PER CURIAM:* After studying the briefs, hearing argument, and reviewing the record, we conclude that the district court correctly decided this case. Specifically, the appellant's complaint fails to allege, first, any facts sufficient to show abandonment, see Adams v. Unione Mediterranea di Sicurita, 220 F.3d 659, 671 (5th Cir. 2000); second, it has failed to establish that it is a party to or thirdparty beneficiary of any maritime contract that would give it a maritime lien, see Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. * Case: 09-20611 Document: 00511151545 Page: 2 Date Filed: 06/23/2010 No. 09-20611 Norfolk S. Ry. Co. v. Kirby, 543 U.S. 14, 31-32 (2004). The judgment of the district court is therefore AFFIRMED. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?