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

Case: 09-20611 Document: 00511151545 Page: 1 Date Filed: 06/23/2010

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals 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 third- party beneficiary of any maritime contract that would give it a maritime lien, see 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.