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LIRETTE v. K & B BOAT RENTALS, INC.

No. 76-2093.

579 F.2d 968 (1978)

Calvin LIRETTE, Plaintiff-Appellee Cross-Appellant, v. K & B BOAT RENTALS, INC. and/or Fagan Enterprises, Inc., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

September 11, 1978.

Attorney(s) appearing for the Case

Donald V. Organ, New Orleans, La., for plaintiff-appellee cross-appellant.

Stanley J. Jacobs, Randy J. Ungar, New Orleans, La., for defendants-appellants cross-appellees.

Before INGRAHAM, GEE and TJOFLAT, Circuit Judges.

GEE, Circuit Judge:

Calvin Lirette, a seaman in service on a crewboat operated by defendant K & B Boat Rentals, Inc. (K&B), suffered a back injury aboard. K&B commenced payment of maintenance and cure but terminated the payments after a physician reported that Lirette could attempt to return to his former work and Lirette refused to do so. This suit followed.

The court below granted summary judgment for Lirette on uncontradicted evidence clearly...

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