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CLARY v. OCEAN DRILLING AND EXPLORATION CO.

No. 77-1984.

609 F.2d 1120 (1980)

James T. CLARY, Plaintiff-Appellant, v. OCEAN DRILLING AND EXPLORATION CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 15, 1980.

Attorney(s) appearing for the Case

Jarrell E. Godfrey, Jr., New Orleans, La., John Sturgeon, Ferriday, La., for plaintiff-appellant.

James E. Diaz, Lafayette, La., for defendant-appellee.

Before COLEMAN, Chief Judge, RONEY and FAY, Circuit Judges.

RONEY, Circuit Judge:

The plaintiff seaman in this case lost a jury verdict. His appeal asserts as error several trial court rulings against the admission of certain testimony and other evidence. In affirming the judgment which was grounded on a jury finding of no negligence and no unseaworthiness, we make one significant decision. We hold that the Occupational Safety and Health Act (OSHA), 29 U.S.C.A. § 651 et seq., does not apply to the working conditions...

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