Barna Conshipping, S.L. v. Commercial Metals Company
Filing
920100624
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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
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