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PLAISANCE v. TEXACO, INC.

No. 90-3183.

966 F.2d 166 (1992)

Mr. & Mrs. Henry PLAISANCE, Jr., Plaintiffs-Appellants, v. TEXACO, INC. et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 14, 1992.

Attorney(s) appearing for the Case

Joseph J. Weigand, Jr., Weigand, Weigand & Meyer, Houma, La., for plaintiffs-appellants.

James L. Walker, George P. Parker, Jr., San Antonio, Tex., for amicus Assoc. Am. RR.

Barry A. Chasnoff, Stephan B. Rogers, Akin, Gump, Hauer & Feld, San Antonio, Tex., for amicus United Services Auto.

David E. Faure, John D. Fitzmorris, Jr., New Orleans, La., for Texaco.

J. Ralph White, Robert B. Acomb, Jr., Jones, Walker, Waechter, Poitevent, Carrère & Denègre, New Orleans, La., for Crosby Marine.

Before POLITZ, Chief Judge, KING, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Henry A. Plaisance, Jr. and his wife appeal the dismissal of their action under the Jones Act and general maritime law to recover for emotional injuries unaccompanied by any physical injury. A panel of this court held that the Jones Act allows recovery for purely emotional injuries but affirmed the dismissal of the Plaisances' claim. Upon rehearing en banc, we affirm dismissal of the suit but hold that the facts of this case make it...

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