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WELCH v. STATE DEPT. OF HIGHWAYS & PUBLIC TRANSP.

No. 83-2253.

739 F.2d 1034 (1984)

Jean E. WELCH, Plaintiff-Appellant, v. STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION and The State of Texas, Defendants-Appellees, Drott Manufacturing Company and J.I. Case Co., Defendants.

United States Court of Appeals, Fifth Circuit.

Opinion on Rehearing October 31, 1984.

Attorney(s) appearing for the Case

Michael D. Cucullu, Houston, Tex., for plaintiff-appellant.

Joe Jarrard, Jr., Dudley Fowler, David Allan Smith, Richard D. Naylor, Asst. Attys. Gen., Austin, Tex., for State Dept. of Highways & State of Tex.

Before BROWN, GEE and WILLIAMS, Circuit Judges.

GEE, Circuit Judge:

Plaintiff Jean Welch was injured in the course of her employment as a "seaman" (marine technician) while working on the ferry landing dock at Galveston, Texas. Ms. Welch sued her employer, the Texas Highway Department, and the State of Texas under the Jones Act and also sued the manufacturer of the mobile crane which she asserts contributed to her injury in a products liability suit. The district court, 533 F.Supp. 403

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