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CHARLES v. U.S.

No. 92-3651.

15 F.3d 400 (1994)

Jerry CHARLES, Sr., et al., Plaintiffs, Jerry Charles, Sr., Plaintiff-Appellant, and McDermott, Inc., Intervenor-Appellant, v. UNITED STATES of America, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 18, 1994.

Attorney(s) appearing for the Case

Jerry L. Hermann, Brian J. Marceaux, Houma, LA, for plaintiff-appellant.

J. Louis Gibbens, Gibbens & Blackwell, New Iberia, LA, for intervenor-appellant.

Thomas Landers Watson, Asst. U.S. Atty., Harry A. Rosenberg, U.S. Atty., New Orleans, LA, for defendants-appellees.

Before KING and EMILIO M. GARZA, Circuit Judges, and COBB, District Judge.

EMILIO M. GARZA, Circuit Judge:

We withdraw our original opinion, reported at 7 F.3d 78, and reconsider our prior holding in light of the Louisiana Supreme Court's decision in Brown v. Avondale Industries, Inc., 617 So.2d 482 (La.1993). We now vacate and remand for further proceedings consistent with Brown.

The plaintiff, Jerry Charles, Sr., sued the United States under the...

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