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LEWIS v. TIMCO, INC.

No. 81-3022.

736 F.2d 163 (1984)

Alfred LEWIS, Plaintiff-Appellant, Cross-Appellee, v. TIMCO, INC., et al., Defendants-Appellees, v. JOY MANUFACTURING, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 19, 1984.

Attorney(s) appearing for the Case

Patrick A. Juneau, Jr., Lafayette, La., for Home Petroleum.

Robert M. Contois, Jr., Edith Brown Clement, New Orleans, La., for Atwood Oceanic, Inc.

James E. Diaz, Lafayette, La., for Rebel Rentals.

John A. Jeansonne, Jr., Lafayette, La., for Joy Manufacturing.

Vinson & Elkins, Charles T. Newton, Jr., Harold K. Watson, Houston, Tex., for Petroleum Equip. Suppliers Assoc., amicus curiae.

Robert K. Guillory, Cornelius Dupre, II, Eunice, La., for Alfred Lewis.

Before GARZA, POLITZ and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 19, 1984.

POLITZ, Circuit Judge:

This case was returned to the panel by the en banc court, 716 F.2d 1425 (5th Cir.1983), for our determination whether Alfred Lewis' conduct constituted 50% of the total negligence proximate to his accident. On our initial consideration we did not reach this question, concluding instead that the rule of comparative negligence was not applicable...

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