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BRUNET v. BOH BROS. CONST. CO., INC.

No. 83-3120 Summary Calendar.

715 F.2d 196 (1983)

Leon J. BRUNET, Jr., Plaintiff-Appellant, v. BOH BROTHERS CONSTRUCTION CO., INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 19, 1983.

Attorney(s) appearing for the Case

Joshua A. Tilton, Baton Rouge, La., Kevin A. Galatas, New Orleans, La., for plaintiff-appellant.

Bienvenu, Foster Ryan & O'Bannon, H.F. Foster, III, New Orleans, La., for defendant-appellee.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Leon Brunet sued his employer Boh Brothers Construction Co. under the Jones Act and general maritime law seeking damages for injuries sustained aboard a pile-driving barge. The district court granted summary judgment for Boh Brothers on the ground that the barge was not a Jones Act vessel. Brunet appeals. Finding that the court erred in holding as a matter of law that the barge was not a vessel, we reverse and remand.

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