ELLENDER v. KIVA CONST. & ENGINEERING, INC.

No. 90-3179 Summary Calendar.

909 F.2d 803 (1990)

Glenn ELLENDER, Plaintiff-Appellant, v. KIVA CONSTRUCTION & ENGINEERING, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 22, 1990.


Attorney(s) appearing for the Case

Leon A. Aucoin and Thomas J. Eppling, Aucoin, Unland & Eppling, Metairie, La., for plaintiff-appellant.

Esmond Phelps Gay, Christovich & Kearney, New Orleans, La., for defendants-appellees.

Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.


EDITH H. JONES, Circuit Judge:

Glenn Ellender appeals from a summary judgment which determined as a matter of law that he was not a Jones Act seamen because the construction platform upon which he worked was not a "vessel." According to our precedents, we must affirm.

For several weeks before his accident, Glenn Ellender worked for Kiva Construction & Engineering Inc. (Kiva) as a contract laborer and then as a rigger. On his first assignment, he helped...

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