Koch Fuels, Inc. v. Cargo of 13,000 Barrels of No. 2 Oil

BRIGHT, Circuit Judge.

This appeal and cross-appeal arise out of a dispute between plaintiff-appellant Koch Industries, Inc., and intervenor, counter-claimant, and cross-appellant Inland Oil & Transport Co. (Inland) over an alleged agreement to charter a barge for transporting a shipment of oil. Koch Industries initiated an in rem action for possession of a cargo of oil, and, pursuant to Rule 9(h) of the Federal Rules of Civil Procedure,1 designated its claim as one within the district court’s2 admiralty jurisdiction. Inland intervened, filed a claim to the cargo, and filed a counterclaim…