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MURRAY v. ANTHONY J. BERTUCCI CONST. CO., INC.

No. 91-3044.

958 F.2d 127 (1992)

David W. MURRAY, Individually and as Administrator of the Estates of his minor children Desiree Murray, David W. Murray, Jr., Darry Scott Murray, and Sally W. Murray, Plaintiffs-Appellants, Sally W. Murray, Plaintiff-Appellant Cross-Appellee, v. ANTHONY J. BERTUCCI CONSTRUCTION COMPANY, INC., and Pacific Employers Insurance Company, Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

April 16, 1992.

Attorney(s) appearing for the Case

John W. deGravelles, Baton Rouge, La., for plaintiffs-appellants.

Stevan C. Dittman, Eldon E. Fallon, New Orleans, La., for amicus curiae Trial Lawyers Assoc.

Alexander N. Breckinridge, IV, Marva Jo Wyatt, O'Neil, Eichin, Miller & Breckinridge, New Orleans, La., for defendants-appellees, cross-appellants.

Before THORNBERRY, GARWOOD and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This appeal asks us to consider, for the first time, whether the Supreme Court's decision in Miles v. Apex Marine Corp., ___ U.S. ___, 111 S.Ct. 317, 112 L.Ed.2d 275 (1990), bars the spouse of an injured seaman from recovering loss of society. Cross-appellants Anthony J. Bertucci Construction Company and Pacific Employers Insurance Company (collectively "Bertucci") contend that we should reverse the jury's award to Mrs. Murray...

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