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DURDEN v. EXXON CORP.

No. 85-3421.

803 F.2d 845 (1986)

Donald J. DURDEN, Plaintiff-Appellant, Cross-Appellee, v. EXXON CORPORATION, et al., Defendants, and Dominance Shipping, Inc., Defendant Third Party, Plaintiff-Appellee, Cross-Appellant, Sanko Kisen, USA Corp. and Deborah Maritime Corp., et al., Defendants-Appellees, Cross-Appellants, and AMERICAN EMPLOYERS INSURANCE CO., Defendant-Appellee, v. A/S SCANTANK, Defendant-Cross-Appellee, and A.J. Bertucci Construction Co., etc., Third Party Defendant-Appellee, Cross Appellee.

United States Court of Appeals, Fifth Circuit.

November 3, 1986.

Attorney(s) appearing for the Case

Garner & Munoz, Dan C. Garner, John G. Munoz, New Orleans, La., for Durden.

William E. Wright, Jean Melancon, New Orleans, La., for Sanko.

William E. Wright, Jean Melancon, New Orleans, La., for Dominance.

Camp, Carmouche, Barsh, Gray, Hoffman & Gill, P.L.G., Brian G. Meissner, New Orleans, La., for Bertucci and American employers.

Robert B. Deane, James R. Holmes, New Orleans, La., for A/S Scantank.

Before WISDOM, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

WISDOM, Circuit Judge:

The plaintiff in this action alleges that he was injured as a result of a near allision of a vessel with a tugboat and moored barges on the Mississippi River. At the close of the plaintiff's case, the district court directed a verdict against the plaintiff on his Jones Act claim and dismissed the jury. On his other claims, the district court exonerated the vessel M/V SANKO PRESTIGE, in rem, and granted judgment for Dominance Shipping...

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