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HEMBA v. FREEPORT McMORAN ENERGY PARTNERS, LTD.

No. 86-3461.

811 F.2d 276 (1987)

Rhonda HEMBA, Wife of and Joel O. Hemba, Plaintiffs-Appellants, v. FREEPORT McMORAN ENERGY PARTNERS, LTD., Defendant, v. FREEPORT SULPHUR CO., A Delaware Company, Defendant-Appellee, v. LEE C. MOORE CORP., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 25, 1987.

Attorney(s) appearing for the Case

Brian J. Miles, Adams & Reese, Mark J. Spansel, New Orleans, La., for Lee Moore.

Stephen M. Chouset, Metairie, La., Pete Lewis, Lewis & Caplan, New Orleans, La., for Hemba.

Joseph R. Ballard, Christovich & Kearney, Lawrence J. Ernst, New Orleans, La., defendant-appellee.

Before THORNBERRY, GEE, and REAVLEY, Circuit Judges.

THORNBERRY, Circuit Judge:

Plaintiffs Joel and Rhonda Hemba filed this action under the Jones Act (46 U.S.C. § 688) against Freeport Sulphur Company ("Freeport") and others seeking damages for injuries suffered by Joel Hemba while working on an offshore structure known as Freeport Rig No. 5.1 Freeport moved for summary judgment, arguing that Hemba did not come within the definition of a seaman under the Jones Act because the Freeport...

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