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FENNER v. CONTINENTAL DIVING SERV., INC.

No. 74-2755.

543 F.2d 1113 (1976)

Doris G. FENNER et al., Plaintiffs, v. CONTINENTAL DIVING SERVICE, INCORPORATED, et al., Defendants-Appellees, v. AQUATIC CONTRACTORS & ENGINEERS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 13, 1976.

Attorney(s) appearing for the Case

Craig R. Nelson, New Orleans, La., for defendant-appellant.

Donald M. Pierce, Christopher Tompkins, New Orleans, La., for Continental Diving Service.

H. Edward Weidlich, Jr., New Orleans, La., for Employers Surplus Lines Ins. Co.

Before BROWN, Chief Judge, and WISDOM and COLEMAN, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This is a case of now you see it, now you don't. Worse, it is a contrived controversy in which the wolf in sheep's clothing turns out to be the sheep. As Article III does not give us the shepherd's role, we dismiss for want of a judicial controversy between live litigants.

Ostensibly, this case presents many of the questions this Court faced recently in Law v. Sea Drilling Corp., 5 Cir., 1975, 510 F.2d 242...

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