Kirby Inland Marine LP (Kirby) owned a barge-fleeting facility located along the Greens Bayou channel (the Kirby Terminal) where it maintained a fleet of barges owned by third parties including Ceres Barge Plan LLC (Ceres), Ingram Barge Co (Ingram), Marquette Transportation Co LLC (Marquette), and Terral River Services Inc (Terral River) (the barge owners). Seventy-one barges that were moored at the Kirby Terminal broke free from their moorings when Hurricane Harvey made landfall. Kirby contracted with a salvage company, T&T Salvage LLC (T&T Salvage) to commence salvage operations on all of the affected barges in the Kirby Terminal, including those owned by the barge owners. After the salvage operation, Kirby paid T&T Salvage for its services. All salvage rights that T&T Salvage possessed against the owners of the barges were assigned to Kirby.

Kirby brought an action against the barge owners and claimed for a salvage award for rescuing their barges after they were damaged during the storm. Terral River filed a motion to dismiss Kirby's claim on the ground that Kirby contracted with T&T Salvage for T&T Salvage to rescue Terral River's barges and Terral River did not agree to the contract. Kirby argued that its voluntary acts rescued Terral River's barges from a marine peril, entitling Kirby to a salvage award under both general maritime law and the International Convention on Salvage 1989 (Salvage Convention 1989). Terral River argued that this case involved contractual salvage, barring Kirby from seeking a pure salvage award from Terral River.

Held: Motion denied.

Terral River did not have a contractual relationship with Kirby that created any duty for Kirby to salvage Terral River's barges. Nor was Terral River a party to the contract between Kirby and T&T Salvage. General maritime law on contractual salvage provides that a contract should be concluded between the owner of the property to be salvaged and the salvor. Thus, since there was no contractual relationship between Terral River and T&T Salvage, Kirby did not have a claim for contractual salvage against Terral River. Although Kirby did not venture out into peril to rescue Terral River's barges, Kirby acted voluntarily in contracting with T&T Salvage to rescue Terral River's barges. Terral River admitted that Kirby had no obligation to save Terral River's barges. Thus, the existence of Kirby's contract with T&T Marine did not preclude Kirby from asserting a pure salvage claim against Terral River.