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BOATEL, INC. v. DELAMORE

No. 21459.

379 F.2d 850 (1967)

BOATEL, INC. and P. J. Donovan, Deputy Commissioner, Seventh Compensation District, Bureau of Employees' Compensation, United States Department of Labor, Appellants, v. Emile R. DELAMORE, Appellee.

United States Court of Appeals Fifth Circuit.

June 21, 1967.

Attorney(s) appearing for the Case

George B. Matthews, New Orleans, La., Sherman L. Cohn, David L. Rose, Edward R. Berlin, Attys., Dept. of Justice, John W. Douglas, Asst. Atty. Gen., Washington, D. C., Louis C. LaCour, U. S. Atty., New Orleans, La., Thomas W. Thorne, Jr., New Orleans, La., Lemle & Kelleher, New Orleans, La., of counsel, for appellants.

Samuel C. Gainsburgh, Jack C. Benjamin, Howard W. Lenfant, Kierr & Gainsburgh, New Orleans, La., for appellee.

Before GEWIN and AINSWORTH, Circuit Judges, and HUNTER, District Judge.

AINSWORTH, Circuit Judge:

Two questions are presented for decision: First, whether the remedy of the amphibious worker injured on drilling craft in the Gulf of Mexico off the coast of Louisiana engaged in the exploration and development of oil and gas in the Submerged Lands Area, against his employer, is exclusively under the Longshoremen's and Harbor Workers' Compensation Act1 (as extended by the Outer Continental Shelf Lands Act),

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