Malin International Ship Repair & Drydock, Inc. v. Oceanografia, S.A. de C.V.

817 F.3d 241, 2016 AMC 1084 (2016)

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Malin International Ship Repair & Drydock, Inc. v. Oceanografia, S.A. de C.V.

United States Court of Appeals for the Fifth Circuit
817 F.3d 241, 2016 AMC 1084 (2016)

CS

Facts

Malin International Ship Repair & Drydock, Inc. (Malin) (plaintiff) operated a shipyard in Galveston, Texas. Malin performed work for Oceanografia, S.A. de C.V. (OSA) (defendant), but OSA failed to pay Malin for that work. Malin sued OSA in federal district court for breach of contract and quantum meruit. OSA operated the Kestrel, a vessel owned by Cal Dive Offshore Contractors, Inc., under a bareboat-charter agreement. The charter agreement stated that OSA would purchase the fuel in the fuel bunkers at the time of delivery of the vessel. OSA took delivery of the vessel on October 15, 2012. To obtain jurisdiction over OSA pursuant to Supplemental Admiralty Rule B, Malin had the fuel bunkers aboard the Kestrel attached on October 29, 2012. OSA filed a motion claiming that it did not hold an attachable interest in the bunkers because it did not have title to them. The district court denied the motion, holding that OSA’s possessory interest in the bunkers was an attachable interest, and granted Malin’s motion for summary judgment. OSA appealed.

Rule of Law

Issue

Holding and Reasoning (Wiener, J.)

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