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

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

Counsel

Frederick William Mahley, Strasburger & Price, Houston, TX, David N. Ventker, Daniel R. Warman, Ventker & Warman, P.L.L.C., Norfolk, VA, for Plaintiff-Appellant., George H. Bowles, Williams Mullen, Virginia Beach, VA, for Defendant-Appellee.

Cases that cite this one

1 later published case cites this decision.

Barna Conshipping, S.L. v. 2,000 Metric Tons, More or Less, of Abandoned Steel (4th Cir. 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.