U.S. Court of Appeals for the Fifth Circuit, 2010

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

Barna Conshipping, S.L. v. Commercial Metals Co.
U.S. Court of Appeals for the Fifth Circuit · Decided June 23, 2010 · Jolly, Owen, Smith
383 F. App'x 444

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

Opinion of the Court

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 Sicurta, 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 Norfolk S. Ry. Co. v. Kirby, 543 U.S. 14, 31-32, 125 S.Ct. 385, 160 L.Ed.2d 283 (2004). The judgment of the district court is therefore

AFFIRMED.

Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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