IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
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