THERIOT v. BAY DRILLING CORP.

No. 84-4576.

783 F.2d 527 (1986)

Eugene Joseph THERIOT, Plaintiff-Appellant Cross Appellee, v. BAY DRILLING CORPORATION, Defendant-Third Party Plaintiff-Appellee Cross Appellant, and Oilfield Services of Louisiana, Inc., et al., Defendants-Appellees, FIDELITY & CASUALTY COMPANY OF NEW YORK, Intervenor-Appellee, v. HOUSTON OIL & MINERALS CORPORATION, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 20, 1986.


Attorney(s) appearing for the Case

Baggett, McCall & Rainer, William B. Baggett, Lake Charles, La., for Eugene Joseph Theriot.

Simon, Peragine, Smith & Redfearn, Daniel J. Caruso, New Orleans, La., for Bay Drilling Corp., & Texaco.

Onebane, Donohoe, Bernard, Torian, Diaz, Timothy J. McNamara, Lafayette, La., for Oilfield Services of La., Inc.

Monroe & Lemann, C. Theodore Alpaugh, III, Richmond M. Eustis, New Orleans, La., for Atlas Assurance Co. of America.

Camp, Carmouche, Barsh, Hunter, Gray & Hoffman, David Bienvenu, Nancy A. Donovan, New Orleans, La., for Fidelity & Casualty Co., of N.Y.

Liskow & Lewis, S. Gene Fendler, New Orleans, La., for Houston Oil & Minerals.

Before GOLDBERG, RANDALL and JOHNSON, Circuit Judges.


RANDALL, Circuit Judge:

Appellants Eugene Joseph Theriot and Bay Drilling Corp. appeal from the judgments of the district court denying seaman status, determining negligence, assessing damages, and denying contractual indemnity. We affirm in part, but reverse and remand on the indemnity issue.

I. FACTS.

On January 28, 1980, Eugene Joseph Theriot ("Theriot") slipped and fell, injuring his right knee while employed in Galveston Bay on a drilling barge...

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