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BARKER v. HERCULES OFFSHORE, INC.

No. 12-20150.

713 F.3d 208 (2013)

Francis BARKER, Jr., Plaintiff-Appellant v. HERCULES OFFSHORE, INC.; Hall-Houston Exploration II, L.P.; Hall-Houston Exploration Partners, L.L.C.; Hall-Houston Exploration Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Revised March 20, 2013.

Attorney(s) appearing for the Case

James Edward Diaz, Sr. , Lafayette, LA, Paul B. Rosen , Law Office of Paul B. Rosen, Bellaire, TX, for Plaintiff-Appellant.

Robert D. Brown , Attorney, Donato Minx Brown & Pool, P.C., John F. Unger , Christopher Wayne Ogle , Royston, Rayzor, Vickery & Williams, L.L.P., Houston, TX, David Bruce Salmons , Attorney, Bingham McCutchen, L.L.P., Washington, DC, for Defendants-Appellees.

Before HIGGINBOTHAM, CLEMENT, and HAYNES, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:*

After watching his friend and co-worker die as a result of an accident on a jack-up rig attached to the Outer Continental Shelf ("OCS"), Francis Barker filed suit in Texas state court seeking relief under general maritime law, the Longshore and Harbor Workers' Compensation Act ("LHWCA"), and Texas tort law. The District Court for the Southern District of Texas denied Barker's motion for remand and granted...

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