AQUAFAITH SHIPPING, LTD. v. JARILLAS

No. 91-3346.

963 F.2d 806 (1992)

AQUAFAITH SHIPPING, LTD., and Seven Seas Maritime, Ltd., Plaintiffs-Appellees, v. Eufemia R. JARILLAS, Individually, as personal representative of the Estate of Leopoldo L. Jarillas, etc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 24, 1992.


Attorney(s) appearing for the Case

C. John Caskey, Baton Rouge, La., for defendant-appellant.

Robert Hugh Murphy, Peter Brooks Sloss, Daphne P. McNutt, Douglas L. Grundmeyer, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, La., for plaintiffs-appellees.

Before POLITZ, Chief Judge, WILLIAMS and DUHÉ, Circuit Judges.


DUHÉ, Circuit Judge:

This case requires us to decide whether the petition filed in state court contains a removable claim or cause of action separate and independent from a Jones Act claim. We hold that the petition states no removable claim or cause of action and therefore reverse the judgment of the district court. We also hold that the district court should have dismissed the declaratory judgment action because the federal action is identical to the previously...

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