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  5. 903 F.2d 935 (1990)
 

PETER v. HESS OIL VIRGIN ISLANDS CORP.

Nos. 88-3797, 88-3798.

903 F.2d 935 (1990)

Conrad PETER, Appellant in No. 88-3797, v. HESS OIL VIRGIN ISLANDS CORP., Appellant in No. 88-3798.

United States Court of Appeals, Third Circuit.

Decided May 17, 1990.

Rehearing Denied August 17, 1990.

Rehearing Denied August 17, 1990.

Attorney(s) appearing for the Case

Joel H. Holt (argued), Christiansted, St. Croix, U.S. Virgin Islands, Paul S. Minor, Minor & Benton, Biloxi, Miss., for Conrad Peter.

Britain H. Bryant, Stacy L. White, Britain H. Bryant & Associates, P.C., Christiansted, St. Croix, U.S. Virgin Islands, Jeffrey K. Sherwood (argued), C. Fairley Spillman, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., for Hess Oil Virgin Islands Corp.

Before HIGGINBOTHAM, STAPLETON, and SCIRICA, Circuit Judges.

Rehearing En Banc Denied August 17, 1990.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

I.

This is a negligence action brought by Conrad Peter against Hess Oil Virgin Islands Corporation ("Hess") under Virgin Islands law. Peter alleged that Hess did not take the safety measures necessary to protect him from exposure to jet fuel while working with fuel hoses at Hess' St. Croix refinery in 1984 and 1985, and that as a

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