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JENKINS v. McDERMOTT, INC.

No. 83-3425.

734 F.2d 229 (1984)

Oberlee JENKINS, Plaintiff-Appellant, v. McDERMOTT, INC. and Tad Technical Services, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 14, 1984.

Attorney(s) appearing for the Case

Kierr, Gainsburgh, Benjamin, Fallon & Lewis, Nick F. Noriea, Jr., New Orleans, La., Diamond, Lattof & Gardner, Francis E. Leon, Jr., Mobile, Ala., for plaintiff-appellant.

Milling, Benson, Woodward, Hillyer, Pierson & Miller, John T. Nesser, III, John M. Golden, New Orleans, La., for McDermott, Inc.

Wood Brown, III, New Orleans, La., for Tad Technical Services, Inc.

Before RANDALL, TATE, and WILLIAMS, Circuit Judges.

TATE, Circuit Judge:

This tort suit, based upon diversity jurisdiction, was dismissed upon the district court's holding that the plaintiff's injuries, sustained at work, were covered by the state workers' compensation act and barred by a provision thereof. We reverse. We find that under Thornton v. Brown & Root, Inc., 707 F.2d 149 (5th Cir.1983), cert. denied, ___ U.S. ___, 104 S.Ct. 735, 79 L.Ed.2d 194 (1984), which...

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