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THIBODEAUX v. J. RAY McDERMOTT & CO.

No. 17990.

276 F.2d 42 (1960)

Beota Rogers THIBODEAUX, Appellant, v. J. RAY McDERMOTT & CO., Inc., and the Travelers Insurance Company, Appellee. J. RAY McDERMOTT & CO., Inc., and the Travelers Insurance Company, Cross-Appellant v. Beota Rogers THIBODEAUX, Cross-Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 19, 1960.

Attorney(s) appearing for the Case

Phil Trice, Lafayette, La., Saloom & Trice, Lafayette, La., for appellant-cross-appellee.

Pat F. Bass, New Orleans, La., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., of counsel, for appellee-cross-appellant.

Before HUTCHESON, TUTTLE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This is another of the now frequent intramural contests involving the ambiguous-amphibious maritime worker. In this diversity suit for damages, the survivors of the deceased employee asserted an alternating succession of claims to which the Employer1 countered with like fluid defenses. The District Judge thought that in this case at least the matter had the simplicity of decision as a pure matter of law, not...

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