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SMITH v. ODOM OFFSHORE SURVEYS, INC.

No. 85-3148.

791 F.2d 411 (1986)

Roger Dale SMITH, Plaintiff, v. ODOM OFFSHORE SURVEYS, INC., Defendant/Third-Party Plaintiff, and AETNA CASUALTY AND SURETY CO., Defendant-Appellee, v. ALVAREZ-DONNAWAY-PASSONS, INC., Third-Party Defendant, and National Union Fire Insurance Co., Third-Party Defendant/Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 28, 1986.

Attorney(s) appearing for the Case

Donald A. Hoffman, David F. Bienvenu, Gerolyn P. Roussel, New Orleans, La., for third-party defendant/appellant.

Robert C. Funderburk, Jr., Arthur H. Andrews, Baton Rouge, La., for defendant-appellee.

John Wm. Black, Brownsville, Tex., for amicus curiae Dianne Craig.

Before POLITZ, HIGGINBOTHAM, and JONES, Circuit Judges.

EDITH HOLLAN JONES, Circuit Judge:

The crucial issue in this case is the status of Roger Dale Smith, the original plaintiff, when he was employed by Odom Offshore Surveys, Inc. (Odom). If Smith was "scientific personnel" aboard an "oceanographic research vessel" (ORV), he is precluded from recovering as a seaman under the Jones Act.1 If Smith was not "scientific personnel" aboard an ORV, then we must determine whether he was a "seaman...

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