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PIZZITOLO v. ELECTRO-COAL TRANSFER CORP.

No. 86-3006.

812 F.2d 977 (1987)

Nicholas R. PIZZITOLO, Plaintiff-Appellant, and National Union Fire Insurance Company, Intervenor-Appellant, v. ELECTRO-COAL TRANSFER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 20, 1987.

Attorney(s) appearing for the Case

Ferdinand J. Kleppner, Victor A. Marsiglia, Jr., Metairie, La., for plaintiff-appellant.

Lance S. Ostendorf, New Orleans, La., for National Union Fire Ins. Co.

John O. Charrier, Jr., Jeanmarie LoCoco, New Orleans, La., for defendant-appellee.

Before GARZA, DAVIS and JONES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Pizzitolo filed this action against his employer, Electro-Coal Transfer Corp. (Electro-Coal), to recover damages under the Jones Act for personal injuries he suffered in the course of his employment. Following a trial, the jury returned a verdict for Pizzitolo but the district court granted Electro-Coal's motion for judgment notwithstanding the verdict. The district court concluded that Pizzitolo was not a seaman and his exclusive remedy...

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