No. 83-3405 Summary Calendar.

727 F.2d 450 (1984)

William E. HODGES, Jr., Plaintiff-Appellant, United States Fidelity & Guaranty Company, Intervenor-Appellant, v. EXXON CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 19, 1984.

Attorney(s) appearing for the Case

George & George, Vincent J. DeSalvo, Baton Rouge, La., for Hodges.

Owen, Richardson, Taylor, Mathews & Atkinson, John W. Perry, Jr., Baton Rouge, for intervenor-appellant U.S. Fidelity & Guar.

William J. Sommers, Jr., Randall M. Ebner, New Orleans, La., Lane & Clesi, Baton Rouge, La., for defendant-appellee.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

In this Louisiana diversity case, William Hodges appeals the District Court's grant of summary judgment. The Court found that appellee Exxon was Hodges' "statutory employer" within the meaning of La.Rev.Stat.Ann. § 23:1032 (West Supp.1982) and thus could be liable to Hodges for workmen's compensation benefits but not as a third party for damages in tort. Finding no material fact in dispute, we affirm.

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