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POWELL v. OFFSHORE NAVIGATION, INC.

No. 80-3132 Summary Calendar.

644 F.2d 1063 (1981)

Tyrone POWELL, Plaintiff-Appellant, v. OFFSHORE NAVIGATION, INC., etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing and Rehearing Denied June 9, 1981.

Attorney(s) appearing for the Case

John P. Keegan, New Orleans, La., for plaintiff-appellant.

Terriberry, Carroll, Yancey & Farrell, John A. Bolles, New Orleans, La., for Atlas Offshore Boat Ser. and Old Reliable Fire.

Adams & Reese, James E. Blazek, New Orleans, La., for American Home Assurance Co.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Robert M. Contois, Jr., New Orleans, La., for Texaco, Inc.

Courtenay, Forstall & Grace, Thomas J. Grace, New Orleans, La., for Home Insurance Co.

Before GEE, RUBIN and RANDALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 9, 1981.

RANDALL, Circuit Judge:

This appeal arises from a judgment in favor of defendants in a maritime action based on negligence and unseaworthiness. The primary issue is the district court's denial of the plaintiff's request for trial by jury, which request was based on the plaintiff's assertion of diversity jurisdiction as an alternative to federal admiralty jurisdiction. We hold that diversity jurisdiction...

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