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CUPIT v. McCLANAHAN CONTRACTORS, INC.

No. 92-3563.

1 F.3d 346 (1993)

Robert O. CUPIT and Donna Blair Cupit, Plaintiffs-Appellees, v. McCLANAHAN CONTRACTORS, INC., formerly, AWI, Inc., Defendants, AWI Drilling and Workover, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 5, 1993.

Attorney(s) appearing for the Case

Wood Brown, III, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, for defendant-appellant.

Allen H. Danielson, Jr. and Randy Jay Ungar, Ungar & Wheelahan, New Orleans, LA, for plaintiffs-appellees.

Before JOHNSON, JOLLY and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

McClanahan Contractors, Inc. appeals a district court decision denying limitation of liability. The district court based its decision on its findings that Doyle Samples, the tool-pusher in charge of the rig, was a managing agent of the vessel and that, therefore, his knowledge was imputable to the corporation. We reverse.

I.

Robert Cupit was a derrickman aboard McClanahan (then AWI, Inc.) Rig No. 8, a movable drilling...

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