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RUIZ v. SHELL OIL COMPANY

No. 26740.

413 F.2d 310 (1969)

Paul V. RUIZ, Plaintiff-Appellee, v. SHELL OIL COMPANY, Defendant-Appellee, National Tank Company, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

June 23, 1969.

Attorney(s) appearing for the Case

Breard Snellings, Sessions, Fishman, Rosenson, Snellings & Boisfontaine, New Orleans, La., for National Tank Co.

Joseph H. Hurndon, John Fox, Jr., New Orleans, La., for appellee, Ruiz.

John R. Peters, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for appellee, Shell Oil Co.

Before AINSWORTH and GODBOLD, Circuit Judges, and DAWKINS, District Judge.

AINSWORTH, Circuit Judge:

In this maritime personal injury suit, the principal question at issue is whether or not an injured employee was a borrowed servant at the time of his injury. If so, under the circumstances here, the injured employee's exclusive remedy would be for workmen's compensation rather than for damages in tort. Also at issue is the question whether the borrowed-servant issue should have been submitted to the jury by the trial judge.

Plaintiff...

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