UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________ No. 95-30730 _______________________

MARINE OFFICE OF AMERICA CORPORATION, ET AL, Plaintiffs, versus VULCAN MV, her engines, tackle, etc.,ET AL, Defendants. ____________________________________________ ASHLAND CEMENT CORPORATION INCORPORATED, Plaintiff- Appellant Cross-Appellee, versus THE MV VULCAN, her engines, tackle apparel, furniture, etc. in rem.

Defendant-Appellee RONDEL SHIPPING LTD. Defendant-Appellee Cross-Appellant.

_________________________________________________________________ Appeal from the United States District Court for the Eastern District of Louisiana (92-CV-456) _________________________________________________________________ October 23, 1996 Before JONES, and WIENER, Circuit Judges, and FERGUSON*, District Judge.

PER CURIAM:** The court has considered the parties’ appeals in light of the briefs, oral arguments and pertinent portions of the record.

Having done so, we find no reversible error of fact or law and so affirm the judgment of the district court. See Fifth Circuit Local Rule 47.6.

Further, the notice of appeal filed by Rondel Shipping Ltd. did not sufficiently identify the M/V VULCAN as a cross- appellant in rem. It is not “otherwise clear from the notice” filed by Rondel that the VULCAN in rem was a party to the appeal.

Consequently, pursuant to Fed. R. App. P. 3(c), the notice did not include the vessel’s intent to appeal in rem. The VULCAN’s appeal is DISMISSED. All Pacific Trading, Inc. v. Vessel M/V Hanjin Yosu, 7 F.3d 1427 (9th Cir. 1993), cert. denied, 510 U.S. 1194 (1994).

* District Judge for the Western District of Texas, sitting by designation.

** Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.