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WILEY v. OFFSHORE PAINTING CONTRACTORS, INC.

Nos. 81-3468 to 81-3470.

716 F.2d 256 (1983)

Michael E. WILEY, et al., Plaintiffs-Appellees, v. OFFSHORE PAINTING CONTRACTORS, INC., Defendant-Appellee, v. CHEVRON U.S.A., INC., Defendant-Appellant. CHEVRON U.S.A., INC., Third-Party Plaintiff-Appellant, v. The CONTINENTAL INSURANCE COMPANY and St. Paul Fire & Marine Insurance Co., Third-Party Defendants-Appellees. In the Matter of the Complaint of OFFSHORE PAINTING CONTRACTORS, INC. As Owner of the M/V SANDRA P, For Exoneration From or Limitation of Liability, Petitioner-Appellee, v. CHEVRON U.S.A., INC., Claimant-Appellant. B.R. HERRINGTON ENTERPRISES, INC. and First State Insurance Company, Plaintiffs-Appellees, v. OFFSHORE PAINTING CONTRACTORS, INC., Defendant-Appellee, v. CHEVRON U.S.A., INC., Defendant-Appellant, v. The CONTINENTAL INSURANCE COMPANY and St. Paul Fire & Marine Insurance Company, Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 15, 1983.

Attorney(s) appearing for the Case

McLoughlin, Barranger, Provosty & Melancon, Lloyd C. Melancon, New Orleans, La., for Chevron U.S.A., Inc.

Leach, Paysse & Baldwin, Michael A. Britt, New Orleans, La., for B.R. Herrington.

Philip E. Henderson, Houma, La., for uninsured interest of Offshore.

Edgar F. Barnett, Earl G. Pitre, Lake Charles, La., for Offshore and Continental.

Mat M. Gray, III, New Orleans, La., for St. Paul Fire.

Michael X. St. Martin, Houma, La., for Wiley.

Frank E. Lamothe, III, New Orleans, La., for Windham.

Before RANDALL and HIGGINBOTHAM, Circuit Judges, and BUCHMEYER, District Judge.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion July 25, 1983, 5 Cir., 1983, 711 F.2d 602)

PER CURIAM:

In its petition for rehearing, Chevron urges that the panel should have drawn a distinction between a hull policy, which covers enumerated losses regardless of whether they arose out of the insured's ownership of the vessel, and a P & I policy, which insures only against liability resulting...

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