Legal Opinion

Martin Operating Partnership v. United States

District Court, S.D. Texas

Decided May 13, 2014No. Civil Action No. 4:12-cv-3483Published

1Opinion of the Court

ORDER

VANESSA D. GILMORE, District Judge.

Pending before the Court is Defendants’, United States and United States Coast Guard’s (“USCG”) (collectively, “Defendants”) Motion to Dismiss. (Instrument No. 25).

I

A

This is a claim for damages asserted under the Suits in Admiralty Act (“SAA”), 46 U.S.C. §§ 30901-309181 and the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346. Plaintiff Martin Operating Partnership, LP (“Martin” or “Plaintiff’) is a Texas limited partnership that owns and operates a tank barge named the Ponciana which was scheduled to be inspected by the USCG on March 4, 2011, in…

2Cases cited22 opinions

  1. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  2. United States v. GaubertSupreme Court of the United States · 1991
  3. Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
  4. Berkovitz v. United StatesSupreme Court of the United States · 1988
  5. John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981

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