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LINTON v. GREAT LAKES DREDGE & DOCK CO.

No. 90-4908.

964 F.2d 1480 (1992)

Donald Gregory LINTON, Plaintiff-Appellant, v. GREAT LAKES DREDGE & DOCK COMPANY and Steamship Mutual Underwriting Association (Bermuda) Ltd., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 22, 1992.

Attorney(s) appearing for the Case

Charles B. Plattsmier, Hunter & Plattsmier, Morgan City, La., for plaintiff-appellant.

Edward J. Koehl, Jr., Jefferson R. Tillery, Jones, Walker, Waechter, Poitevent, Carrère & Denègre, New Orleans, La., for defendants-appellees.

Thomas H. Kiggans, F. Scott Kaiser, Phelps Dunbar, Baton Rouge, La., Luther T. Munford, Jackson, Miss., James B. Kemp, Jr., Brian D. Wallace, Phelps Dunbar, New Orleans, La., for amicus curiae Maritime Overseas.

Before POLITZ, Chief Judge, REAVLEY, and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This case is an interlocutory appeal of the district court's denial of Linton's motion to remand the case to state court. The district court based its denial of remand on grounds that the federal court had exclusive admiralty jurisdiction over Linton's Jones Act and general maritime claims because he had elected, pursuant to a Louisiana statute, to try those claims to a judge instead of a jury. For the reasons discussed below, the order...

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