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BOUDREAUX v. AMERICAN WORKOVER, INC.

No. 80-3287.

680 F.2d 1034 (1982)

Keith A. BOUDREAUX, Plaintiff, v. AMERICAN WORKOVER, INC., et al., Defendants. AWI, INC., Defendant, Third-Party Plaintiff-Appellant, v. AMERICAN INSURANCE CO., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A.

July 6, 1982.

Attorney(s) appearing for the Case

Wood Brown, III, New Orleans, La., for AWI, Inc.

Dillon & Cambre, Gerard M. Dillon, New Orleans, La., for American Ins. Co.

Joshua T. Gillelan, II, Dept. of Labor, Washington, D. C., for amicus curiae Director, Office of Workers' Compensation Program.

Before BROWN, CHARLES CLARK, GEE, RUBIN, GARZA, REAVLEY, POLITZ, RANDALL, TATE, SAM D. JOHNSON, WILLIAMS and GARWOOD, Circuit Judges.

TATE, Circuit Judge:

The sole issue before this court is whether an employee injured while performing marine petroleum exploration and extraction work aboard a drilling vessel located off-shore but on state territorial waters is engaged in "maritime employment" within the meaning of section 2(3) of the Longshoremen's and Harbor Workers' Compensation Act ("LHWCA" or "Act"), 33 U.S.C. § 902(3), as amended in 1972.

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