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MASINTER v. TENNECO OIL CO.

No. 87-3638.

934 F.2d 67 (1991)

David MASINTER, Plaintiff-Appellee, Cross-Appellant, v. TENNECO OIL CO., et al., Defendants-Appellees, Marlin Drilling Co., Inc., Defendant-Appellant, Cross-Appellee, and Liberty Mutual Ins., Co., Intervenor-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

June 10, 1991.

Attorney(s) appearing for the Case

Edward J. Koehl, Jr., Thurl Stalnaker, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for defendant-appellant, cross-appellee.

John K. Leach, New Orleans, La., for Liberty Mut. Ins. Co.

Robert L. Hackett, Obstreicher, Whalen & Hackett, New Orleans, La., for Masinter.

Before THORNBERRY, KING, and JONES, Circuit Judges.

THORNBERRY, Circuit Judge:

In Masinter v. Tenneco Oil Co., 867 F.2d 892 (5th Cir.1989) [hereinafter Masinter I], this court affirmed the district court's finding that Marlin Drilling Co., Inc. (Marlin) breached a duty of care owed to David Masinter, a sales representative who was injured while on a drilling rig owned by Marlin supervising the installation of products sold by his employer. We held that

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