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STIPELCOVICH v. SAND DOLLAR MARINE, INC.

No. 85-3656.

805 F.2d 599 (1986)

Kathey Marchand STIPELCOVICH, Individually and as Personal Representative of the deceased Noel F. Stipelcovich, Plaintiff-Appellant, v. SAND DOLLAR MARINE, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 12, 1986.

Attorney(s) appearing for the Case

Randy Ungar, Ungar, Wheelahan & Dunn, Thomas E. Dunn, New Orleans, La., for Kathy Marchand Stipelcovich.

James R. Sutterfield, Hunter, Carmouche, Barsh, Hunter, Gray, Hoffman & Gill, Nancy A. Donovan, New Orleans, La., for Charles O. Gibbs.

Phelps, Dunbar, Marks, James Kemp, Jr., New Orleans, La., for Sand Dollar & Marilyn H. Ltd.

Christovick & Kearney, R.K. Christovich, Liane C. King, New Orleans, La., for Union Oil Co., Inc.

Young & Richard, Brad G. Theard, New Orleans, La., for Blocker Drilling & Marine Co.

Thomas M. Richard, Metairie, Richard A. Chopin, Metairie, La., for John Lyle, Inc. & National Union Fire Ins.

Before GEE and HILL, Circuit Judges, and HUNTER, District Judge.

ROBERT MADDEN HILL, Circuit Judge:

This appeal requires us to consider whether the district court erred in ruling that a settlement agreement was severable and whether the district court erred by not reinstating the original suit. Finding no error in the district court's actions, we affirm.

I.

On August 26, 1982, Kathey Stipelcovich filed suit against Sand Dollar Marine, Inc. (Sand Dollar), Marilyn H. Ltd. (Marilyn), Union Oil Company, Inc., and...

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