SMITH v. ASSOCIATED PIPE LINE CONTRACTORS, INC.

No. 73-1087 Summary Calendar.

475 F.2d 1139 (1973)

Mrs. Barbara Janusa SMITH, Individually and as Natural Tutrix of her minor children, Lee Roy Smith, III and Raymond Smith, Plaintiff-Appellant, v. ASSOCIATED PIPE LINE CONTRACTORS, INC. and Travelers Insurance Company, Defendants-Appellees, Liberty Mutual Insurance Company, Intervenor.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 16, 1973.


Attorney(s) appearing for the Case

Robert E. Morgan, Lake Charles, La., for plaintiff-appellant.

Edmund E. Woodley, Lake Charles, La., for Associated Pipe Line Contractors, Inc.

Bruce J. Borrello, New Orleans, La., Richard A. Chozen, Lake Charles, La., for Liberty Mutual Ins. Co.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.


PER CURIAM:

Plaintiff's husband was killed in a two-car collision which resulted from the negligence of defendant's employee, Nugent. We have previously sustained a summary judgment denying liability of the employer under the Jones Act for the death of a fellow-employee guest passenger riding with Nugent on the ground that the driver Nugent was not in the course of his employment at the time of the accident. Moore v. Associated Pipeline Contractors,

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