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PHILLIPS v. WESTERN CO. OF NORTH AMERICA

No. 90-4704.

953 F.2d 923 (1992)

Earl K. PHILLIPS and Carrie Phillips, Plaintiffs-Appellants, v. The WESTERN COMPANY OF NORTH AMERICA, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 9, 1992.

Attorney(s) appearing for the Case

Daniel E. Broussard, Jr., Alexandria, La., for plaintiffs-appellants.

Habans & Bologna, Robert N. Habans, Jr., New Orleans, La., for defendants-appellees.

Before WISDOM, KING and JOLLY, Circuit Judges.

KING, Circuit Judge:

Plaintiff Earl Phillips reinjured his back while he and a co-employee connected a flow line to the bell nipple on the blow-out preventer (BOP) stack of the TRITON III, a jack-up drilling rig off the coast of Louisiana owned by defendant The Western Company of North America (Western). He asserted an unseaworthiness claim under general maritime law and a negligence claim under the Jones Act, 46 U.S.C.App. § 688, and his wife asserted a claim...

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