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BOSSARD v. EXXON CORP.

No. 76-1364.

559 F.2d 1040 (1977)

Ella Weese Watson BOSSARD, Individually and as Administratrix of the Estate of Donald Bossard, and Genieveve Bossard and Bertha Lee Bossard, Plaintiffs-Appellants, v. EXXON CORPORATION, Defendant-Appellee, Lamar Labauve, Tom Wolfe, Joseph Labauve, and Delta Laboratories, Defendants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 25, 1977.

Attorney(s) appearing for the Case

John F. McKay, Baton Rouge, La., for plaintiffs-appellants.

E. Burt Harris, John F. Reid, New Orleans, La., for Exxon.

Andrew J. Bennett, Jr., Baton Rouge, La., for Delta Lab., et al.

David W. Robinson, Baton Rouge, La., for Fidelity & Casualty Co.

Before GEWIN, RONEY and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 25, 1977.

PER CURIAM:

The plaintiffs' decedent worked for an independent contractor, Port Allen Marine, employed by defendants to clean a barge of petroleum fumes and residue. In 1975 he was asphyxiated while working inside a barge tank. Plaintiffs sued defendants for negligence under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 905(b) (Supp.1977). The trial court dismissed the complaint...

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