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DEMERITT v. CITGO PETROLEUM CORP.

Nos. 84-4823, 85-4028.

769 F.2d 1081 (1985)

Calvin DEMERITT and Marjorie Smith Demeritt, Plaintiffs-Appellants, v. CITGO PETROLEUM CORPORATION, et al., Defendants-Appellees. Perry SEENEY, and Carol A. Seeney, Plaintiffs-Appellants, v. CITGO PETROLEUM CORPORATION, Cities Service Company and Cities Service Pipe Line Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 30, 1985.

Attorney(s) appearing for the Case

Jones, Jones & Alexander, J.B. Jones, Jr., Michael H. Bercier, Jennifer Jones Bercier, Cameron, La., Tommy C. Rutledge, DeQuincy, La., for plaintiffs-appellants.

Gregory P. Massey, William R. Tete, Jones, Tete, Nolen, Hanchey, Swift & Spears, Lake Charles, La., for defendants-appellees.

Before CLARK, Chief Judge, and THORNBERRY and JONES, Circuit Judges.

PER CURIAM:

Plaintiffs appeal the district court's summary judgment dismissing their claims. We vacate and remand.

I.

In October 1983 Demeritt and Seeney were injured in an explosion at a Citgo Petroleum Corp. (Citgo) refinery in Westlake, Louisiana. Both men were employed at that time by Payne & Keller Co. (Payne), which had contracted with Citgo to perform a type of maintenance work known as a turnaround...

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