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DeMELO v. TOCHE MARINE, INC.

No. 82-4197.

711 F.2d 1260 (1983)

Jose DeMELO and Marie DeMelo, Plaintiffs-Appellants, v. TOCHE MARINE, INC., et al., Defendants, Woolsey Marine Industries, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 15, 1983.

Attorney(s) appearing for the Case

Norman Breland, Gulfport, Miss., Joshua M. Morse, III, Tallahassee, Fla., for plaintiffs-appellants.

George F. Bloss, III, Gulfport, Miss., for defendant-appellee.

Before GOLDBERG, GEE and RANDALL, Circuit Judges.

GEE, Circuit Judge:

On a day in April of 1979, Jose DeMelo was applying spray paint aboard a vessel being constructed for George Engine Company, Inc. ("George Engine") by his employer, Toche Marine, Inc. ("Toche Marine") at its shipyard in Biloxi, Mississippi. An explosion and flash fire suddenly occurred, allegedly due to the ignition of flammable paint vapors. DeMelo suffered severe burns. He and his wife brought this suit in federal court in Mississippi naming...

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