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RICE v. GLAD HANDS, INC.

No. 83-4505.

750 F.2d 434 (1985)

Carson RICE, Plaintiff, v. GLAD HANDS, INC. and Allstate Insurance Company, et al., Defendants-Third Party Plaintiffs-Appellants, v. Robert Murray COLLINS and Phillip Alan Froude, Underwriters at Lloyd's, et al., Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing March 18, 1985.

Attorney(s) appearing for the Case

Gary P. Kraus, James E. Diaz, Sr., Lafayette, La., for defendants-third party plaintiffs-appellants.

Margot Mazeau, George W. Healy, III, New Orleans, La., for third party defendants-appellees.

Before TIMBERS, POLITZ and RANDALL, Circuit Judges.

POLITZ, Circuit Judge:

Glad Hands, Inc. and its protection and indemnity (P & I) insurers, appeal the dismissal of their third party demand against Glad Hands' excess maritime employer's liability (MEL) insurers. The trial court's dismissal was based on the conclusion that the record contained insufficient evidence to support a finding that the plaintiff, Carson Rice, was a seaman. The district court considered only the trial record as it was constituted prior...

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