MUNGUIA v. CHEVRON CO., U.S.A.

No. 84-3235.

768 F.2d 649 (1985)

Mr. & Mrs. Noel MUNGUIA, Plaintiffs-Appellants, v. CHEVRON COMPANY, U.S.A., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 30, 1985.


Attorney(s) appearing for the Case

Silvestri & Massicot, Frank A. Silvestri, John P. Massicot, New Orleans, La., for plaintiffs-appellants.

Lloyd C. Melancon, New Orleans, La., for defendants-appellees.

Before RUBIN, RANDALL, and HIGGINBOTHAM, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 30, 1985.

ALVIN B. RUBIN, Circuit Judge:

The issue is whether an oil field roustabout who works on platforms and uses various small vessels chosen at random from a larger number available to travel to and from the platforms and to carry his tools and equipment is a seaman within the meaning of the Jones Act. We hold that such a roustabout is not assigned more or less permanently to a vessel or a fleet of vessels...

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