BURCHETT v. CARGILL, INC.

Nos. 94-30156, 94-30446.

48 F.3d 173 (1995)

David BURCHETT and Cheryl Burchett, Plaintiffs-Appellants, v. CARGILL, INC., Defendant-Intervenor-Appellee, Appellant, v. MARINE EQUIPMENT MANAGEMENT CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied May 11, 1995.


Attorney(s) appearing for the Case

Phillip T. Hager, Metairie, LA, for David Burchett and Cheryl Burchett.

George J. Nalley, Jr., David A. Parsiola, Metairie, LA, for Cargill.

Georges M. Legrand, Clarence William Emory, Herbert, Mouledoux & Bland New Orleans, LA, for Marine Equipment Management Corp.

Before REYNALDO G. GARZA, GARWOOD and DAVIS, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied May 11, 1995.

W. EUGENE DAVIS, Circuit Judge:

Plaintiffs David and Cheryl Burchett appeal the dismissal of their Jones Act and unseaworthiness actions against Cargill, Inc. ("Cargill") and their § 905(b) action against Marine Equipment Management Corporation ("MEMCO"). We affirm.

I.

David Burchett, a crane operator employed by Cargill, was injured when he slipped and fell on the cover...

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