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BERNARD v. BINNINGS CONST. CO., INC.

No. 84-3018 Summary Calendar.

741 F.2d 824 (1984)

Robert BERNARD, Plaintiff-Appellant, v. BINNINGS CONSTRUCTION CO., INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 17, 1984.

Attorney(s) appearing for the Case

Robert B. Schambach, Metairie, La., for plaintiff-appellant.

Henderson, Hanemann & Morris, Carlos E. Lazarus, Jr., Houma, La., for defendant-appellee.

Before RUBIN, RANDALL and TATE, Circuit Judges.

RANDALL, Circuit Judge:

This appeal presents two questions that have been frequently litigated in this Circuit: (1) what constitutes a "vessel" for Jones Act purposes and (2) under what circumstances can the issue of a structure's status as a Jones Act vessel be removed from the trier of fact and decided as a matter of law? Robert Bernard (Bernard) sued his employer, Binnings Construction Company, Inc. (Binnings), under the Jones Act, 46 U.S.C. § 688, for injuries...

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