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 1992-05

Guillory v. Outboard Motor Corp. ( 1992 )


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  •               IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 91-4890
Summary Calendar
_____________________
CHARLES H. GUILLORY, Owner,
obo THE STRATOS MODEL 274FS, and
UNDERWRITERS OF LLOYDS OF LONDON,
Plaintiffs-Appellants,
versus
OUTBOARD MOTOR CORP., ET AL.,
Defendants,
CONNIE DESHOTELS, Etc. and POLICE
JURY EVANGELINE PARISH,
Defendants-Appellees.
_______________________________________________________
Appeal from the United States District Court for
the Western District of Louisiana
_______________________________________________________
(March 23, 1992)
Before REAVLEY, HIGGINBOTHAM and BARKSDALE, Circuit Judges.
PER CURIAM:
Charles Guillory brought this complaint for exoneration from
or limitation of liability under the Limitation of Liability Act,
46 U.S.C. App. §§ 181 et seq.    The potential liability arises out
of a incident that occurred when Guillory was operating his bass
boat on the waters of Crooked Creek Reservoir in Louisiana.    The
district court dismissed the case for lack of subject matter
jurisdiction because Crooked Creek Reservoir is not a navigable
waterway.    We agree.
The Crooked Creek Reservoir is located in Evangeline Parish,
Louisiana, and was created for recreation and flood control by a
dam constructed between Crooked Creek and Bayou Nezbique.
Crooked Creek is located entirely within Evangeline Parish and
the state of Louisiana.     Vessels cannot access Bayou Nezbique
because of the dam.      Nor can they travel interstate to the waters
of Crooked Creek.     Even before construction of the dam, Crooked
Creek was so shallow in depth and overgrown by brush that it was
difficult, if not impossible, for any vessel to travel across its
waters.
The Limitation of Liability Act does not confer jurisdiction
upon federal courts.     That must come from our admiralty
jurisdiction under U.S. CONST. art. III, § 2 and 28 U.S.C. §
1333(1).    Suits lacking any relationship to either navigable
waters or traditional maritime activity are without admiralty
jurisdiction.      Three Buoys Houseboat Vacations U.S.A., Ltd. v.
Morts,
    921 F.2d 775
    , 777 (8th Cir. 1990), on remand from,
U.S.       ,
    110 S. Ct. 3265 
    (1990), vacating and remanding
    878 F.2d 1096 
    (8th Cir. 1989), and cert. denied,          U.S.     ,
    112 S. Ct. 272 
    (1991); Lewis Charters, Inc. v. Huckins Yacht Corp.,
    871 F.2d 1046
    , 1050 (11th Cir. 1989).
AFFIRMED.
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