United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 16, 2005
_______________________ Charles R. Fulbruge III
Clerk
No. 04-40880
_______________________
GEORGE D. MALENFANT,
Plaintiff-Appellant,
versus
BEATTY STREET PROPERTIES, INC.;
M/V HOUSTON PILOT BOAT NUMBER 1,
Defendants-Appellants.
Appeal from the United States District Court
for the Southern District of Texas
No. 3:03-CV-434
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
The court has considered this case in light of the
briefs, oral argument and pertinent portions of the record. Having
done so, we find no reversible error of law or fact on liability
and affirm that part of the district court’s decision for
essentially the reasons it stated.
The district court, however, failed to consider Beatty’s
claim for maintenance and cure. We must remand for a resolution of
that claim.
Accordingly, the judgment of the district court is
AFFIRMED IN PART, VACATED AND REMANDED IN PART.
*
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opinion should not be published and is not precedent except under the limited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.