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HAGERTY v. L & L MARINE SERVICES, INC.

No. 85-3147.

797 F.2d 256 (1986)

William HAGERTY, Plaintiff-Appellant, v. L & L MARINE SERVICES, INC., and Union Carbide Corp., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 20, 1986.

Attorney(s) appearing for the Case

Jack C. Benjamin, New Orleans, La., for plaintiff-appellant.

Timothy F. Burr, McGlinchey, Stafford, Mintz, Cellini & Lang, New Orleans, La., for L & L Marine & Globe.

Robert M. Contois, Jr., Jeanmarie Lococo, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for Union Carbide.

Before BROWN, REAVLEY and HILL, Circuit Judges.

ON RECONSIDERATION BY THE COURT

OPINION

REAVLEY, Circuit Judge:

We said in our prior writing that a plaintiff may recover damages for serious mental distress "with or without physical injury" (see 788 F.2d 315, 318). This assumed an actionable injury and we intended no opinion as to the nature of the injury required to give rise to an actionable claim. See Adams v. Johns-Manville Sales Corp.,

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