No. 80-3668.

727 F.2d 497 (1984)

Tilden David NESMITH, Plaintiff-Appellee, v. TEXACO, INC., et al, Defendants, Pool Offshore Company, Defendant-Appellee, v. Tidex, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 23, 1984.

Attorney(s) appearing for the Case

Laborde & Lafargue, Cliffe E. Laborde, III, Marksville, La., for defendant-appellant.

Domengeaux & Wright, Bob F. Wright, Lafayette, La., for Nesmith.

Richard A. Cozad, Michael L. McAlpine, New Orleans, La., for Pool Co. and Pool Offshore.

Anthony D. Moroux, Lafayette, La., for Nesmith.

Before REAVLEY and JOHNSON, Circuit Judges.


We delayed consideration of this case pending decision en banc of Culver v. Slater Boat Co., 644 F.2d 460 (5th Cir.1981). Following the en banc decision in Culver, 688 F.2d 280 (5th Cir.1982) (en banc) (Culver I), the Supreme Court decided Jones & Laughlin Steel Corp. v. Pfeifer, ___ U.S. ___, 103 S.Ct. 2541, 76 L.Ed.2d 768 (1983). Prompted...

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