Coutsodontis v. Athena MV, No. 08-30959 (5th Cir. 2009)
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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED June 18, 2009 No. 08-30959 Charles R. Fulbruge III Clerk STELIOS COUTSODONTIS Plaintiff - Appellant v. SEA TRADE MARITIME CORP, in personam Defendant - Appellee Appeal from the United States District Court for the Eastern District of Louisiana Before REAVLEY, WIENER, and SOUTHWICK, Circuit Judges. WIENER, Circuit Judge: Plaintiff-Appellant Stelios Coutsodontis appeals the judgment of the United States District Court for the Eastern District of Louisiana vacating its earlier arrest warrant of the M/V ATHENA, a vessel titled to Sea Trade Maritime Corporation. The district court determined that it lacked in rem admiralty jurisdiction under Rule D of the Supplemental Rules for Admiralty and Maritime Claims to hear any of the claims asserted by Coutsodontis because he had not pleaded a maritime tort or a contract relating to the ship in its use as such, or to commerce or navigation on navigable waters, or to No. 08-30959 transportation by sea or to maritime employment. 1 After careful consideration of the facts and applicable law gleaned from our examination of the record on appeal and the briefs and oral arguments of the parties, we are convinced that the judgment of the district court vacating its arrest warrant and dismissing this action should be and hereby is, AFFIRMED. 1 Coutsodontis v. M/V ATHENA, Civ. A. No. 08-4285,2008 WL 4330236, at *2 (E.D. La. Sept.. 16, 2008). 2
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