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DAUGHDRILL v. DIAMOND M. DRILLING COMPANY

No. 29794.

447 F.2d 781 (1971)

Mary E. DAUGHDRILL, Individually, as Administratrix of the Estate of Enis J. Daughdrill, Deceased, etc., Plaintiff-Appellee-Cross Appellant, v. DIAMOND M. DRILLING COMPANY, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing September 24, 1971.

Attorney(s) appearing for the Case

Frank M. Brame, Lake Charles, La., for appellant.

Samuel C. Gainsburgh, New Orleans, La., for appellee.

Before JOHN R. BROWN, Chief Judge, and WISDOM and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc September 24, 1971.

RONEY, Circuit Judge:

Defendant appeals from a judgment against it for damages for wrongful death under the Jones Act. 46 U.S.C. § 688. Holding that decedent was not in the course of his employment at the time of the automobile accident in which he was killed, and that the action cannot otherwise be sustained under the Louisiana wrongful death statute, we reverse.

Enis J. Daughdrill, a resident...

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