BLANCHARD v. ENGINE & GAS COMPRESSOR SERVICES, INC.

No. 75-4216.

613 F.2d 65 (1980)

George E. BLANCHARD, Plaintiff-Appellant, Cross-Appellee, v. ENGINE AND GAS COMPRESSOR SERVICES, INC. and Gulf Oil Corporation, Defendants-Appellees, v. COMMERCIAL UNION INSURANCE COMPANY, Intervenor-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

March 6, 1980.


Attorney(s) appearing for the Case

Harry R. Allen, Gulfport, Miss., Walter E. Ross, Jr., Biloxi, Miss., for plaintiff-appellant, cross-appellee.

George E. Morse, Gulfport, Miss., for Gulf Oil Corp.

Thomas L. Stennis, II, Gulfport, Miss., Felicien P. Lozes, New Orleans, La., for Commercial Union Ins. Co.

Sherman L. Muths, Jr., Gulfport, Miss., for Engine Compressor Services, Inc.

Claude D. Vasser, New Orleans, La., for defendants-appellees.

Before BROWN, GEWIN and TJOFLAT, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

As it once was,1 the issue which will not go away is whether the District Court erred by entering a directed verdict in favor of Gulf Oil Corporation, ruling that it was the "statutory employer" of Blanchard under LSA-R.S. 23:1061 (West 1964) and that his sole remedy against Gulf was under the Louisiana Workmen's Compensation Act. We reverse the holding of the District Court and remand for further proceedings...

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