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WAGUESPACK v. AETNA LIFE & CAS. CO.

Nos. 84-3751, 85-3472.

795 F.2d 523 (1986)

Claude Joseph WAGUESPACK, Plaintiff-Appellant, v. AETNA LIFE & CASUALTY COMPANY, et al., Defendants, Peavey Company and Peavey International, Inc., Defendants-Appellees. Claude J. WAGUESPACK, Plaintiff-Appellant, v. AETNA LIFE & CASUALTY COMPANY, et al., Defendants, American Commercial Barge Line Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 16, 1986.

Attorney(s) appearing for the Case

Glenn G. Goodier, Jeanmarie LoCoco, New Orleans, La., for defendant-appellee in No. 85-3472.

Rudolph R. Schoemann, Matt Greenbaum, New Orleans, La., for plaintiff-appellant.

Russell D. Pulver, Charles Lugenbuhl, Jon W. Wise, New Orleans, La., for defendants-appellees in No. 84-3751.

Before RUBIN, JOHNSON and JONES, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 16, 1986.

EDITH HOLLAN JONES, Circuit Judge:

These consolidated cases involve the questions whether plaintiff Waguespack was a Jones Act seaman at the time of his accident and whether, in amending his complaint to add American Commercial Barge Line (ACBL) as a new defendant nearly four years after the accident, his attempt was time-barred because the amended complaint did not "relate back" to the original complaint...

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