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DUCREPONT v. BATON ROUGE MARINE ENTERPRISES, INC.

No. 87-3632.

877 F.2d 393 (1989)

Ellis J. DUCREPONT, Plaintiff-Appellant, v. BATON ROUGE MARINE ENTERPRISES, INC., Et Al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 5, 1989.

Attorney(s) appearing for the Case

Terrence J. Lestelle, Donald G. Kelly, New Orleans, La., for plaintiff-appellant.

Elton E. Duncan, III, Lawrence E. Abbott, New Orleans, La., for Baton Rouge Marine & Employers Ins.

Frederick T. Haas, III, Robert E. Durgin, New Orleans, La., for Commercial Union Ins.

Before GEE, SMITH, and DUHE, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 5, 1989.

GEE, Circuit Judge:

Plaintiff filed suit against his employer, Baton Rouge Marine Enterprises, Inc. (Marine), and its insurers, seeking recovery under the Jones Act and general maritime law or, alternatively, under Section 5(b) of the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 905(b). The defendant moved for summary judgment on the ground that the barge was not a vessel...

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