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MARTIN v. AMERICAN PETROFINA, INC.

No. 84-3563.

785 F.2d 543 (1986)

Victor L. MARTIN, (Clara Lea Martin, Sandra Martin Fisher and Robert M. Martin, as the Personal Representative of Appellant Victor L. Martin, for Substitution in the Place of Victor L. Martin, Deceased), Plaintiff-Appellee, Cross-Appellant, v. AMERICAN PETROFINA, INC., et al., Defendants, and Benjamin Foster, Division of Amchem Products, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

March 24, 1986.

Attorney(s) appearing for the Case

James B. Doyle, Woodley, Barnett, Cox, Williams, Fenet & Palmer, Edmund E. Woodley, Lake Charles, La., for defendant-appellant, cross-appellee.

George R. Covert, Baton Rouge, La., for plaintiff-appellee, cross-appellant.

Before CLARK, Chief Judge, and BROWN and GEE, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion December 30, 1985, 5th Cir.1985, 779 F.2d 250).

GEE, Circuit Judge:

In Part V of our original opinion in this Louisiana diversity case, we held that when a tort plaintiff's claim arises from events that occurred prior to the effective date of the introduction of comparative negligence in Louisiana, a settling joint tortfeasor's portion or share is computed on a pro rata basis...

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