No. 88-3414.

881 F.2d 215 (1989)

Robert M. GATES, Plaintiff-Appellant, Cross-Appellee, v. SHELL OFFSHORE, INC., (Substituted as Party Defendant for Shell Oil), Defendant-Appellee, Cross-Appellant. v. NORTHWEST INSURANCE COMPANY, Intervenor-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 2, 1989.

Attorney(s) appearing for the Case

William P. Rutledge, Lafayette, La., for plaintiff-appellant-cross-appellee.

J. Daniel Picou, Leininger, Larzelere & Picou, Metairie, La., for Shell.

Jeffrey P. Lozes, New Orleans, La., for Northwest Ins.

Before POLITZ, DAVIS, and DUHE, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 2, 1989.

DUHE, Circuit Judge:

I. Facts and Procedural History

This case is before us for the second time. In Gates v. Shell Oil, 812 F.2d 1509 (5th Cir.1987) ("Gates I"), we reversed the trial court's grant of Shell's motion for judgment notwithstanding the verdict and affirmed its alternative grant of Shell's motion for a new trial. Since a detailed recitation...

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